The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2020

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Statutory Instruments

2020 No. 136

Police, England And Wales

The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2020

Made

11th February 2020

Coming into force in accordance with article 1(2)

The Minister for the Cabinet Office, in exercise of the powers conferred by sections 54(1)(b) and 154(5)(b) of the Police Reform and Social Responsibility Act 2011(1), makes the following Order.

In accordance with section 7(1) and (2)(ha) of the Political Parties, Elections and Referendums Act 2000(2), the Minister for the Cabinet Office has consulted the Electoral Commission before making this Order.

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2020.

(2) It comes into force on the day after the day on which it is made.

(3) In this Order "police area" means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London)(3), other than Greater Manchester(4).

Designation of police area returning officers in England

2.  The police area returning officer for a police area in England listed in column 1 of the table in Schedule 1 is the person who is the acting returning officer(5) for the parliamentary constituency in England listed in the corresponding entry in column 2 of that table.

Designation of police area returning officers in Wales

3.  The police area returning officer for a police area in Wales listed in column 1 of the table in Schedule 2 is the person who is the acting returning officer(6) for the parliamentary constituency in Wales listed in the corresponding entry in column 2 of that table.

Revocation and saving

4.  The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2015(7) is revoked, but continues to have effect in respect of any election which takes place before 7th May 2020.

Chloe Smith

Minister for the Constitution

Cabinet Office

11th February 2020

Article 2

SCHEDULE 1Police area returning officers: England

Name of police area in EnglandParliamentary constituency
Avon and SomersetBath
BedfordshireLuton South
CambridgeshireSouth East Cambridgeshire
CheshireHalton
ClevelandStockton North
CumbriaWorkington
DerbyshireDerby North
Devon and CornwallExeter
DorsetBournemouth West
DurhamCity of Durham
EssexColchester
GloucestershireGloucester
HampshireSouthampton, Itchen
HertfordshireBroxbourne
HumbersideEast Yorkshire
KentDartford
LancashireBlackburn
LeicestershireNorth West Leicestershire
LincolnshireLincoln
MerseysideLiverpool, Walton
NorfolkSouth Norfolk
North YorkshireSelby and Ainsty
NorthamptonshireKettering
NorthumbriaSunderland Central
NottinghamshireRushcliffe
South YorkshireBarnsley Central
StaffordshireBurton
SuffolkSuffolk Coastal
SurreyReigate
SussexBrighton, Kemptown
Thames ValleyBanbury
WarwickshireWarwick and Leamington
West MerciaNorth Shropshire
West MidlandsCoventry North East
West YorkshireWakefield
WiltshireSouth West Wiltshire

Article 3

SCHEDULE 2Police area returning officers: Wales

(1) Name of police area in Wales(2) Parliamentary constituency
Dyfed-PowysCarmarthen West and South Pembrokeshire
GwentBlaenau Gwent
North WalesDelyn
South WalesVale of Glamorgan

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in relation to elections in England and Wales of police and crime commissioners under Part 1 of the Police Reform and Social Responsibility Act 2011 (c. 13).

Article 2 and Schedule 1 designate the persons who, in an election of police and crime commissioners, are to be the returning officer for each police area in England, other than the metropolitan police district, Greater Manchester, and City of London police areas. The functions of a police and crime commissioner in respect of Greater Manchester were transferred to the mayor of the Greater Manchester Combined Authority by virtue of S.I. 2017/470.

Article 3 and Schedule 2 designate the persons who are to be the returning officer for each police area in Wales.

Article 4 revokes the Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2015 (S.I. 2015/2031), but provides that it is to continue to have effect in respect of any election which took place before 7th May 2020.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2011 c. 13 ("the Act"). Section 54 has been amended by S.I. 2015/1376, 2016/997 and 2018/1310. The functions of the Chancellor of the Duchy of Lancaster under the Act were transferred to the Minister for the Cabinet Office by virtue of S.I. 2016/997 and are held concurrently with the Secretary of State.

(2)

2000 c. 41. Paragraph (ha) in section 7(2) was inserted by paragraphs 8 and 11 of Schedule 10 to the Act.

(3)

1996 c. 16. Amended by section 129 of the Police Act 1997 (c. 50), S.I. 1997/1844, 1845, 1846, 1847, 1849, 1850, 1855, 1857 and 2009/119.

(4)

The functions of a police and crime commissioner in respect of Greater Manchester have been transferred to the Mayor of the Greater Manchester Combined Authority by S.I 2017/470. The effect of paragraph 21 of Schedule 2 to S.I. 2017/470, (there are amending instruments to Schedule 2 but none are relevant), is to disapply certain provisions in the 2011 Act relating to the election of a police and crime commissioner as they would have applied in respect of the Mayor. Relevant to this Order is the disapplication of section 54 of the 2011 Act by paragraph 21(b) of Schedule 2 to S.I. 2017/470 which removes the requirement to designate a police returning officer in respect of the Greater Manchester Combined Authority.

(5)

The person who is acting returning officer for a parliamentary constituency in England is determined by section 28(1)(a) of the Representation of the People Act 1983 (c. 2) and by order made under section 28(1)(b) of that Act: see S.I. 2007/2878. Section 28 was amended by paragraph 68(4) and (5) of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19), paragraph 6 of Schedule 4 to the Representation of the People Act 1985 (c. 50) and S.I. 2002/1057.

(6)

The person who is acting returning officer for a parliamentary constituency in Wales is determined by section 28(1)(aa) of the Representation of the People Act 1983 (c. 2) and by order made under section 28(1)(b) of that Act: see S.I. 2007/171.


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