- a late night levy requirement
means a requirement to pay a late night levy in accordance with this Chapter.
- Abingdon Street Garden
means the garden constructed on the sites of properties formerly known as 18 to 28 (both inclusive) Abingdon Street, London, SW1, together with the garden surrounding the adjoining Jewel Tower and the lawn surrounding the King George V Memorial;
- acting chief officer
means a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011;
- affected person
means— a the holder of the premises licence or club premises certificate in respect of affected premises, b the premises user in relation to a temporary event notice in respect of affected premises, c a person who has applied for a premises licence or club premises certificate in respect of affected premises (where the application has not been determined), and d a person to whom a provisional statement has been issued in respect of affected premises. 4 In subsection (2)(b) and (e), “responsible authority” means— a the licensing authority and any other licensing authority in whose area part of any affected premises is situated, b the chief officer of police for a police area any part of which is in the area specified in the order, c the fire and rescue authority for an area any part of which is in the area specified in the order, d the Primary Care Trust or Local Health Board for an area any part of which is in the area specified in the order, e the local weights and measures authority for any such area, f the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc Act 1974 for any such area, g the local planning authority wi
- amplified noise equipment
means any device that is designed or adapted for amplifying sound, including (but not limited to)—
- anti-social behaviour
means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as the person.
- appeal
means an appeal under paragraph 7(8), 8A, 21(7) or 25(2);
- appointed member
means a member of a police and crime panel by virtue of paragraph 4(1)(a) or 13(1)(a);
- appointment
means—
- appropriate number
means the number that is equal to the difference between— (a) the full complement;
- 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.”
- authorised allowances
means allowances, in respect of expenses incurred by a commissioner in the exercise of the commissioner's functions, which are of the kinds and amounts determined by the Secretary of State as payable in accordance with 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.”
- business day
means a day other than— • a Saturday, • a Sunday, • Christmas Eve, • Christmas Day, • Good Friday, • a bank holiday, or • a day appointed for public thanksgiving or mourning.
- chief executive
means— (a) in relation to a police and crime commissioner, the chief executive appointed by the commissioner under Schedule 1;
- chief finance officer
means— (a) in relation to a police and crime commissioner, the chief finance officer appointed by the commissioner under Schedule 1;
- chief officer of police
means— (a) in relation to a police force maintained under section 2 of the Police Act 1996, the chief constable of that force;
- civilian employee
has the meaning given by section 23I of the Police Act 1996;
- club premises certificate
has the same meaning as in the Licensing Act 2003 (see section 60 of that Act);
- co-opted member
means a member of a police and crime panel by virtue of paragraph 4(1)(b) or 13(1)(b);
- collaboration functions
means functions of chief officers of police or policing bodies under any of sections 22A to 23I (apart from this section). 22C 1 A policing body must keep under consideration the ways in which the collaboration functions could be exercised by the policing body and by one or more other persons to improve— a the efficiency or effectiveness of— i that policing body, ii the police force which that policing body is responsible for maintaining, or iii that body and that force, and b the efficiency or effectiveness of one or more other policing bodies and police forces. 2 If the policing body considers that there is a particular way in which the collaboration functions cou
- 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;
- conduct matter
has the same meaning as in section 31;
- constituent council
means— (a) in relation to a combined authority— (a) a county council the whole or any part of whose area is within the area of the authority, or (b) a district council whose area is within the area of the authority;
- controlled area of Parliament Square
means the area of land that is comprised in—
- crime and disorder reduction
has the meaning given in section 101;
- direction
means a direction given under section 143(1).
- elected local policing body
means— (a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime commissioner for the area;
- electoral area
has the same meaning as in that Act as it applies in relation to England and Wales (see section 203 of that Act);
- England and Wales police force
means— (a) a police force maintained under section 2, (b) the metropolitan police force, and (c) the City of London police force;
- English police and crime panel
means a police and crime panel for a police area in England;
- excluded provisions
means the following provisions of the 1999 Act—
- existing chief officer
means— (a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the chief constable of the police force for that area before the coming into force of section 2 of this Act in relation to that area;
- existing police authority
means— (a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the police authority established under section 3 of that Act for that area;
- extra members
means the number of members of the panel produced by this calculation—
- financial code of practice
means a code of practice relating to the proper administration by elected local policing bodies of their financial affairs.
- financial year
means the financial year of the elected local policing body;
- footway
has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act).
- full complement
means the number of appointed members which the panel is to have by virtue of paragraph 4(1)(a).
- highway
has the same meaning as in the Highways Act 1980 (see section 328 of that Act);
- imprisonable offence
means an offence—
- late night levy
means a levy payable under section 127(1);
- late night refreshment
has the same meaning as in the Licensing Act 2003 (see Schedule 2 to that Act);
- licensing authority
means an authority which is a licensing authority within the meaning of the Licensing Act 2003 (see section 3 of that Act);
- licensing statement
means a statement published under subsection (1)(b) or (6A)(b).”
- local authority
has the same meaning as in section 54;
- local authority enactment
means an enactment which relates to—
- local authority members
means—
- local election
means an election of members of a local authority;
- local government election
has the same meaning as in that Act as it applies in relation to England and Wales (see section 203 of that Act);
- local government elector
means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;
- local policing body
means— a a police and crime commissioner (in relation to a police area listed in Schedule 1);
- local returning officer
has the same meaning as in that section;
- member of staff
has the same meaning as in section 65;
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975;
- modify
includes amend, repeal or revoke (and related terms are to be read accordingly).
- multi-authority police area
means a police area which covers two or more local authorities;
- national or international functions
means functions relating to— (a) the protection of prominent persons or their residences, (b) national security, (c) counter-terrorism, or (d) the provision of services for any other national or international purpose;
- national threat
means a threat (whether actual or prospective) which is— (a) a threat to national security, public safety, public order or public confidence that is of such gravity as to be of national importance, or (b) a threat which can be countered effectively or efficiently only by national policing capabilities to counter the threat.”
- net amount of levy payments
has the meaning given by section 130;
- new chief officer
means— (a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the chief constable established for that police area under section 2 of this Act;
- new policing body
means— (a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime commissioner for that area;
- nomination
means a nomination by a relevant local authority or the Secretary of State of a person to be a member of a police and crime panel.
- Old Palace Yard
includes the King George V Memorial.
- ordinary election
has the meaning given in section 50;
- Palace of Westminster controlled area
means the area of land in the City of Westminster that is comprised in—
- panel arrangements
means the arrangements referred to in paragraph 24;
- pension supervising authority
means— (a) any local policing body within the meaning of the Police Act 1996;
- permitted number
means the number that is equal to the difference between— (a) the authority's quota of members;
- police and crime commissioner
means a body established under section 1 of the Police Reform and Social Responsibility Act 2011;”
- police and crime commissioner enactment
means any of the following enactments (whenever passed or made)— (a) any enactment that is contained in, or is made under, Part 1 of this Act;
- police and crime panel
means— (a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the police and crime panel referred to in subsection (1) of section 28;
- police and crime plan
has the meaning given in section 7;
- police area
means— (a) a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London), and (b) the metropolitan police district;
- police area alteration order
means— (a) an order under section 32 of the Police Act 1996 (power to alter police areas by order);
- police area returning officer
has the meaning given by section 54.
- police force
means the police force for a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).
- police pension authority
means— (a) the chief constable of any police force maintained under section 2 of the Police Act 1996;
- policing matters
means matters connected with the policing of the relevant police area.
- policing protocol
means a document which sets out, or otherwise makes provision about, ways in which relevant persons should (in the Secretary of State's view) exercise, or refrain from exercising, functions so as to— (a) encourage, maintain or improve working relationships (including co-operative working) between relevant persons, or (b) limit or prevent the overlapping or conflicting exercise of functions;
- power of removal
means— (a) the power conferred on police and crime commissioners by section 38(3) of the 2011 Act to require chief constables to retire or resign;
- power of suspension
means— (a) the power conferred on police and crime commissioners by section 38(2) of the 2011 Act to suspend chief constables;
- premises licence
has the same meaning as in the Licensing Act 2003 (see section 11 of that Act);
- public prosecutor
has the same meaning as in section 29 of the Criminal Justice Act 2003. 4C Subsection (4A) applies to— a a qualifying offence which is alleged to have been committed outside the United Kingdom, or b an ancillary offence relating to a qualifying offence where it is alleged that the qualifying offence was, or would have been, committed outside the United Kingdom. 4D In subsection (4C) “qualifying offence” means any of the following— a piracy or an offence under section 2 of the Piracy Act 1837 (piracy where murder is attempted);
- qualifying complaint
has the same meaning as in section 31;
- qualifying day
means a day which meets the following conditions (so far as applicable)— (a) the day must fall after the day on which the plan is issued;
- qualifying offence
means any of the following— a piracy or an offence under section 2 of the Piracy Act 1837 (piracy where murder is attempted);
- quota of members
means the number of members calculated by adding one to the number of extra members of the panel which the authority has power to appoint under the panel arrangements (see paragraph 5(2)).
- regulations
means regulations under section 31.
- relevant area
means an area consisting of either or both of the following areas—
- relevant commencement time
means—
- relevant decision
means a decision under—
- relevant document
means— (a) any enactment, other than an enactment contained in this Act;
- relevant employee
means— a in the case of— i a police force maintained for a police area in accordance with section 2 of the Police Act 1996, or ii the police force maintained for the metropolitan police district in accordance with section 5A of that Act, a member of the civilian staff of that police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011);
- relevant expenses
means expenses incurred by a licensing authority in the administration of a late night levy requirement including, in particular, such expenses incurred in, in connection with or in consequence of—
- relevant functions
means functions conferred on relevant local authorities or the Secretary of State by this Schedule.
- relevant late night authorisation
has the meaning given by section 126;
- relevant liability
means a liability which, but for this paragraph, would be a liability of a member of a police and crime panel (whether personally or as a member of that panel) in respect of anything done by—
- relevant local policing body
means the local policing body”.
- relevant member of the House of Commons staff
has the meaning given by section 195(5) of that Act.
- relevant member of the House of Lords staff
has the meaning given by section 194(6) of the Employment Rights Act 1996;
- relevant officer holder
means the holder of any of the following offices—
- relevant person
means any of the following—
- relevant persons
means— (a) the Secretary of State in the exercise of policing functions;
- relevant police authority
means the police authority” substitute “relevant local policing body” means the local policing body”.
- relevant police collaboration provision
means provision, contained in a collaboration agreement under section 22A of the Police Act 1996, which is of the kind referred to in section 23AA of that Act. 38C 1 The collaboration designation of C must be in accordance with the relevant police collaboration provision. 2 Subsection (1) is in addition to section 38B(5) and (8). 3 Subsections (8) and (9) of section 38 apply to any power exercisable by C in reliance on the collaboration designation as they apply to a power exercisable by a person in reliance on a designation under section 38. 4 In exercising or performing any power or duty in reliance on the collaboration designation, C is to be taken— a as exercising or performing that power or duty in reliance on that collaboration designation (and not in reliance on any designation under section 38);
- 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;
- relevant powers
means powers corresponding to those conferred by sections 101 and 107 of the Local Government Act 1972 on police authorities established under section 3 of the Police Act 1996;
- relevant provision
means any provision (whenever passed or made) of, or made under, any of the following— (a) the Representation of the People Acts, (b) the Local Government Act 1972, (c) the Local Government Act 2000, (d) the Political Parties, Elections and Referendums Act 2000, (e)...
- relevant representations
means representations which— a are about the likely effect of the making of the proposed order on the promotion of the licensing objectives, b are made to the licensing authority by an affected person, a responsible authority or any other person, c are made in the prescribed form and manner and within the prescribed period, d have not been withdrawn, and e in the case of representations made by a person who is not a responsible authority, are not, in the opinion of the licensing authority, frivolous or vexatious. 3 In subsection (2)(b), “affected person” means— a the holder of the premises licence or club premises certificate in respect of affected premises, b the premises user in relation to a temporary event notice in respect of affected premises, c a person who has applied for a premises licence or club premises certificate in respect of affected premises (where the application has not been determined), and d a person to whom a provisional statement has been issued in respect of affected premises. 4 In subsection (2)(b) and (e), “responsible authority” means— a the licensing authority and any other licensing authority in whose area part of any affected
- representative body
means any body which appears to the Secretary of State to represent the professional views of members of one or more police forces.
- responsible authority
has the same meaning as in section 5 of the Crime and Disorder Act 1998.
- returning officer
means— (a) a police area returning officer, or (b) a local returning officer on whom functions are conferred under subsection (2) of section 54;
- review period
means the period of five years beginning with—
- Royal Park land
means any land of a description specified in Schedule 1 to the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639), as that Schedule has effect on the day on which the Anti-social Behaviour, Crime and Policing Act 2014 is passed.
- section 38 designation
means a designation under section 38 of the Police Reform Act 2002.”
- senior metropolitan police officer
means any of the following—
- senior police officer
means—
- serious complaint
means a qualifying complaint made about conduct which constitutes or involves, or appears to constitute or involve, the commission of a criminal offence.
- single-authority police area
means a police area which covers only one local authority;
- sleeping equipment
means any sleeping bag, mattress or other similar item designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping in a place.
- special functions
means the functions conferred on a police and crime panel by—
- special scrutiny functions
means the functions conferred— (a) by section 33(1), or (b) by section 60A of, and Schedule 4A to, the 1999 Act in relation to the appointment of the Deputy Mayor for Policing and Crime by the Mayor's Office for Policing and Crime.
- specified
means specified in, or determined in accordance with, an order under subsection (1).
- specified proportion
means the proportion determined for the levy year under section 132(1)(b) or 133(1)(d).
- statutory function
means a function conferred by or under an enactment. 172C 1 A licensing authority may not make an order under section 172A applying in relation to— a an area not specified in the proposed order advertised under section 172B, b a day not specified in that proposed order, or c a period other than the period specified in that proposed order of any day so specified. 2 After making an order under section 172A a licensing authority must publish it or otherwise make it available— a in the prescribed form and manner, and b within the prescribed period. 172D 1 A licensing authority may vary or revoke an order under section 172A. 2 Sections 172B and 172C apply in relation to the v
- statutory transfer
means a transfer under Part 1 or 2 of this Schedule;
- supply of alcohol
has the same meaning as in Part 3 of the Licensing Act 2003 (see section 14 of that Act).
- temporary class drug
means any substance or product which is for the time being a controlled drug by virtue of a temporary class drug order;”
- the central garden of Parliament Square
means the site in Parliament Square on which the Minister of Works was authorised by the Parliament Square (Improvements) Act 1949 to lay out the garden referred to in that Act as “the new central garden”;
- 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— (a) section 107F(1A) of the Local Democracy, Economic Development and Construction Act 2009, or (b) section 33(1A) of the Levelling-up and Regeneration Act 2023;
- the Parliamentary building works
has the meaning given by section 1(1) of the Parliamentary Buildings (Restoration and Renewal) Act 2019.
- the PCC functions
means the functions of a police and crime commissioner which the Mayor is to exercise by virtue of this Schedule;
- the relevant event
means—
- 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— (a) the order under section 107F(5)(a) of the Local Democracy, Economic Development and Construction Act 2009, or (b) 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.
- transfer day
means the day on which the transfer time falls.
- transfer scheme
means a transfer scheme under Part 3.
- vessel
has the same meaning as in section 23(2). 4 Subsection (5) applies if a constable reasonably believes that anything detained under subsection (3)(c) is a temporary class drug but is not evidence of any offence under this Act. 5 The constable may dispose of the drug in such manner as the constable thinks appropriate. 6 A person who intentionally obstructs a constable in the exercise of the constable's powers under subsection (3) commits an offence.”
- Welsh police and crime panel
means a police and crime panel for a police area in Wales.