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| Page 32, line 6 [Clause 50], leave out subsection (2)(b). |
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| | Power for licensing authorities to set fees |
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| To move the following Clause:— |
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| | ‘(1) | The Licensing Act 2003 is amended as follows. |
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| | (2) | After section 197 insert— |
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| | “197A | Regulations about fees |
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| | (1) | Subsection (2) applies where the Secretary of State makes regulations |
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| | under this Act prescribing the amount of any fee. |
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| | (2) | The Secretary of State may, in determining the amount of the fee, have |
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| | regard, in particular, to— |
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| | (a) | the costs of any licensing authority to whom the fee is to be |
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| | payable which are referable to the discharge of the function to |
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| | which the fee relates, and |
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| | (b) | the general costs of any such licensing authority; |
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| | | and may determine an amount by reference to fees payable to, and costs |
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| | of, any such licensing authorities, taken together. |
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| | (3) | A power under this Act to prescribe the amount of a fee includes power |
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| | to provide that the amount of the fee is to be determined by the licensing |
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| | authority to whom it is to be payable. |
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| | (4) | Regulations which so provide may also specify constraints on the |
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| | licensing authority’s power to determine the amount of the fee. |
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| | (5) | Subsections (6) and (7)— |
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| | (a) | apply where, by virtue of subsection (3), regulations provide that |
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| | the amount of a fee is to be determined by a licensing authority, |
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| | (b) | are subject to any constraint imposed under subsection (4). |
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| | (6) | The licensing authority— |
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| | (a) | must determine the amount of the fee (and may from time to time |
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| | determine a revised amount), |
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| | (b) | may determine different amounts for different classes of case |
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| | specified in the regulations (but may not otherwise determine |
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| | different amounts for different cases), and |
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| | (c) | must publish the amount of the fee as determined from time to |
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| | (7) | In determining the amount of the fee, the licensing authority must seek to |
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| | secure that the income from fees of that kind will equate, as nearly as |
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| | possible, to the aggregate of— |
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| | (a) | the licensing authority’s costs referable to the discharge of the |
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| | function to which the fee relates, and |
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| | (b) | a reasonable share of the licensing authority’s general costs; |
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| | | and must assess income and costs for this purpose in such manner as it |
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| | 197B | Regulations about fees: supplementary provision |
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| | (1) | Subsections (2) and (3) apply for the purposes of section 197A. |
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| | (2) | References to a licensing authority’s costs referable to the discharge of a |
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| | function include, in particular— |
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| | (a) | administrative costs of the licensing authority so far as they are |
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| | referable to the discharge of the function, and |
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| | (b) | costs in connection with the discharge of the function which are |
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| | incurred by the licensing authority acting— |
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| | (ii) | in a capacity other than that of licensing authority |
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| | (whether that of local authority, local planning authority |
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| | (3) | References to the general costs of a licensing authority are to costs of the |
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| | authority so far as they are referable to the discharge of functions under |
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| | this Act in respect of which no fee is otherwise chargeable and include, |
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| | (a) | costs referable to the authority’s functions under section 5; |
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| | (b) | costs of or incurred in connection with the monitoring and |
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| | enforcement of Parts 7 and 8 of this Act; |
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| | (c) | costs incurred in exercising functions conferred by virtue of |
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| | (4) | To the extent that they prescribe the amount of a fee or include provision |
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| | made by virtue of section 197A(3) or (4), regulations may— |
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| | (a) | make provision which applies generally or only to specified |
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| | authorities or descriptions of authority, and |
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| | (b) | make different provision for different authorities or descriptions |
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| | (5) | Subsection (4) is not to be taken to limit the generality of section 197.”. |
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| | (3) | In section 10(4) (sub-delegation of functions by licensing committee etc)— |
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| | (a) | omit “or” at the end of paragraph (c), and |
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| | (b) | after paragraph (d) insert “or |
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| | (e) | any function conferred by virtue of section 197A |
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| | (regulations about fees).”.’. |
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| | Alcohol disorder zones: repeal |
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| To move the following Clause:— |
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| | ‘Sections 15 to 20 of the Violent Crime Reduction Act 2006 (alcohol disorder |
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| Page 5, line 32 [Clause 5], at end insert ‘if, and to the extent that, the plan or |
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| variation is different from the draft prepared in accordance with subsection (6)’. |
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| Page 6, line 11 [Clause 5], after ‘plan’, insert ‘or variation’. |
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| Page 6, line 44 [Clause 6], at end insert ‘if, and to the extent that, the plan or |
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| variation is different from the draft prepared in accordance with subsection (6)’. |
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| Page 7, line 12 [Clause 6], leave out ‘and (7) to (8A)’ and insert ‘(7) to (8A), and |
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| Page 10, line 4 [Clause 10], leave out ‘in’ and insert ‘for’. |
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| Page 10, line 27 [Clause 10], at end insert— |
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| | ‘“functions” does not include functions which are exercisable only in |
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| | relation to Wales and relate to matters in relation to which the Welsh |
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| | Ministers have functions;’. |
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| Page 14, line 8 [Clause 18], after ‘arrange’, insert ‘under this section’. |
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| Page 15, line 8 [Clause 19], leave out from ‘of’ to end of line 9 and insert ‘the |
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| Mayor’s Office for Policing and Crime which is, in accordance with subsection (2), |
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| exercisable by the Deputy Mayor for Policing and Crime.’. |
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| Page 22, line 16 [Clause 22], leave out ‘of two years or more’ and insert ‘exceeding |
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| Page 19, line 20 [Clause 25], leave out sub-paragraph (ii). |
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| Page 20, line 22 [Clause 28], leave out subsection (1) and insert— |
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| | ‘(1) | Each police area, other than the metropolitan police district, is to have a police |
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| | and crime panel established and maintained in accordance with Schedule (Police |
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| | and crime panels) (police and crime panels).’. |
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| Page 20, line 33 [Clause 28], leave out ‘elected local policing body’ and insert |
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| ‘police and crime commissioner’. |
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| Page 21, line 12 [Clause 28], leave out from ‘commissioner’ to end of line 15 and |
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| | ‘(6A) | The police and crime panel for a police area in England must send copies of any |
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| | such reports or recommendations to each local authority whose area falls wholly |
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| | or partly within the police area.’. |
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| Page 21, line 18 [Clause 28], leave out from beginning to end of line 28 and |
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| | ‘(8) | Schedule (Police and crime panels) (police and crime panels) has effect. |
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| | (9) | In this section “local authority” means a county council or a district council.’. |
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| Page 21, line 33 [Clause 29], at end insert— |
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| | ‘( ) | Nothing in subsection (1) requires a member of the police and crime |
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| | commissioner’s staff to give any evidence, or produce any document, which |
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| | discloses advice given to the commissioner by that person.’. |
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| Page 64, line 38 [Clause 103], leave out ‘established under’ and insert ‘referred to |
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| Page 87, line 26 [Clause 126], leave out ‘authorisations’ and insert ‘premises |
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| licences and club premises certificates’. |
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| Page 89, line 20 [Clause 130], leave out from ‘of’ to ‘may’ in line 22 and insert |
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| ‘relevant expenses which’. |
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| Page 89, line 23 [Clause 130], leave out third ‘the’ and insert ‘any’. |
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| Page 89, line 28 [Clause 130], at end insert— |
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| | ‘(2A) | In subsection (2)(a), “relevant expenses” means expenses incurred by a licensing |
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| | authority in the administration of the late night levy requirement including, in |
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| | particular, such expenses incurred in, in connection with or in consequence of— |
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| | (a) | any decision mentioned in section 134(1); |
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| | (b) | collection of payments of the late night levy; |
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| | (c) | enforcement of the late night levy requirement. |
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| | (2B) | Expenses incurred by a licensing authority which fall within subsection (2A)(a) |
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| | include, in particular, expenses which it incurs in connection with any application |
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| | made by virtue of section 134(2)(c).’. |
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| Page 90, line 38 [Clause 133], leave out ‘different’ and insert ‘any’. |
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| Page 90, line 39 [Clause 133], after ‘apply’, insert ‘in addition to any that currently |
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| apply, or to cease to apply,’. |
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| Page 91, line 7 [Clause 133], leave out ‘by virtue of section 132(1)(b) or (iii)’ and |
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| insert ‘as the result of a relevant decision’. |
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| Page 91, line 11 [Clause 133], at end insert— |
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| | ‘( ) | In subsection (4)(b), “relevant decision” means a decision under— |
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| | (a) | section 132(1)(b)(ii) or (iii), or |
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| | (b) | subsection (1)(c) of this section.’. |
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| Page 92, line 41 [Clause 135], leave out from ‘all’ to ‘that’ in line 42 and insert |
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| ‘holders of relevant late night authorisations in’. |
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| To move the following Schedule:— |
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| | Type of panel which police area is to have |
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| | 1 (1) | Each police area in England, other than the metropolitan police district, is to |
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| | have a police and crime panel established and maintained in accordance with |
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| | (2) | But the Secretary of State may, by order, provide that any such police area is |
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| | to have (for as long as the order has effect) a police and crime panel established |
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| | and maintained in accordance with Part 3 of this Schedule (instead of a panel |
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| | established and maintained in accordance with Part 2). |
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| | (3) | The Secretary of State may make an order under sub-paragraph (2) in relation |
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| | to a single-authority police area only if the Secretary of State is of the opinion |
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| | that the relevant local authority has failed to nominate or appoint one or more |
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| | of its councillors as members of the panel in accordance with paragraphs 6 and |
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| | (4) | The Secretary of State may make an order under sub-paragraph (2) in relation |
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| | to a multi-authority police area only if the Secretary of State is of the opinion |
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| | that all the relevant local authorities have (whether at the same time or at |
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| | different times) failed to nominate or appoint one or more of their councillors |
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| | (a) | in accordance with paragraphs 7 and 9 (in the case of a police area |
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| | which covers ten or more local authorities), or |
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| | (b) | in accordance with paragraphs 8 and 9 (in the case of a police area |
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| | which covers nine or fewer local authorities). |
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| | 2 | Each police area in Wales is to have a police and crime panel established and |
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| | maintained in accordance with Part 3 of this Schedule. |
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| | Panels established by local authorities |
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| | Establishment and maintenance of panels |
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| | 3 (1) | This Part of this Schedule applies in relation to each police area in England |
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| | (other than the metropolitan police district), unless an order under paragraph |
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| | 1(2) has effect in relation to the police area. |
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| | (2) | The local authority or local authorities which such a police area covers must— |
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| | (a) | establish and maintain a police and crime panel for the police area, and |
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| | (b) | make the panel arrangements (see paragraph 23) for the police and |
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| | (3) | In the case of a multi-authority police area, all the relevant local authorities |
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| | must agree to the making or modification of the panel arrangements. |
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| | (4) | In the following provisions of this Part of this Schedule, a reference to a police |
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| | and crime panel is a reference to a panel established and maintained in |
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| | accordance with this paragraph. |
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| | 4 (1) | A police and crime panel for a police area is to consist of the following |
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| | (a) | the relevant number of persons properly appointed as members of the |
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| | (b) | two members co-opted by the panel. |
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