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STATUTORY INSTRUMENTS


2007 No. 3076

CRIMINAL LAW, WALES

The Crime and Disorder (Formulation and Implementation of Strategy) (Wales) Regulations 2007

  Made 23rd October 2007 
  Laid before Parliament 29th October 2007 
  Laid before the National Assembly for Wales 29th October 2007 
  Coming into force 19th November 2007 

In exercise of the powers conferred by sections 6(2), (3), (4), (5) and (9)(c) and 114 of the Crime and Disorder Act 1998[1] on the Secretary of State and the National Assembly for Wales, the powers conferred on the National Assembly for Wales now being vested in the Welsh Ministers[2], the Secretary of State and the Welsh Ministers jointly make the following Regulations.

Citation, commencement and application
     1. —(1) These Regulations may be cited as the Crime and Disorder (Formulation and Implementation of Strategy) (Wales) Regulations 2007 and shall come into force on 19th November 2007.

    (2) These Regulations apply in relation to Wales.

Interpretation
    
2. In these Regulations —

Functions in respect of the formulation and implementation of a strategy
     3. —(1) For each area there shall be a strategy group whose functions shall be to —

    (2) Subject to paragraph (3) the members of the strategy group shall consist of one or more persons appointed from each responsible authority one of whom shall hold a senior position in that authority.

    (3) Where the responsible authority referred to in section 5(1)(a) of the 1998 Act has an elected member responsible for community safety that member shall be one of the persons appointed under paragraph (2).

    (4) The strategy group shall have in place arrangements governing the appointment of a chair, the period for which a person shall serve as chair and the grounds on which the chair may be removed during that period.

    (5) The strategy group shall meet from time to time throughout the year as it considers appropriate.

    (6) Strategy group meetings may be attended by persons who represent co-operating and participating persons and bodies and such other persons as the strategy group invites.

    (7) Each year the strategy group shall consider whether it, and those persons in the responsible authorities who work with the strategy group, have the requisite knowledge and skills to exercise their functions under these Regulations.

    (8) The strategy group shall have in place arrangements governing the review of the expenditure of partnership monies and for assessing the economy, efficiency and effectiveness of such expenditure.

Information Sharing
    
4. —(1) The strategy group shall have in place arrangements for the sharing of information between responsible authorities and shall prepare a protocol setting out those arrangements.

    (2) The information sharing protocol shall relate to the sharing of information —

    (3) Each responsible authority shall comply with the protocol prepared under paragraph (1) and shall nominate a person within that authority to facilitate the sharing of information under the protocol.

Strategic Assessments
     5. —(1) During each year the strategy group shall prepare a strategic assessment on behalf of the responsible authorities.

    (2) The purpose of the strategic assessment is to assist the strategy group in revising the partnership plan.

    
6. In preparing the strategic assessment the strategy group shall consider —

     7. A strategic assessment shall include—

Partnership plans
    
8. —(1) The strategy group shall prepare a partnership plan for the area.

    (2) Before the start of each year the strategy group shall revise the partnership plan.

    (3) When revising the partnership plan the strategy group shall consider the strategic assessment produced during the year prior to the year referred to in paragraph (2).

    
9. —(1) The partnership plan shall set out —

Community Engagement
    
10. —(1) For the purposes of preparing the strategic assessment and preparing and implementing the partnership plan the strategy group shall make arrangements for obtaining the views of persons and bodies who live or work in the area about —

    (2) The arrangements under paragraph (1) shall, so far as is reasonable, provide for consultation with —

    (3) In making the arrangements under paragraph (1) the strategy group shall have regard to any other consultation with persons who live or work in that area that is undertaken by the responsible authorities in relation to the matters specified in sub-paragraphs 1(a) and (b) other than under these Regulations.

    (4) The arrangements made under paragraph (1) shall provide that —

     11. In preparing the partnership plan the strategy group shall consider the extent to which persons who live or work in the area might assist the responsible authorities in reducing crime and disorder in the area.

    
12. The strategy group shall publish in the area a summary of the partnership plan in such form as it considers appropriate, having regard to the need to bring it to the attention of as many different groups or persons within the area as is reasonable.

Guidance
    
13. In exercising their functions under these Regulations the responsible authorities shall have regard to any guidance given by the Secretary of State and the Welsh Ministers acting jointly.

    
14. —(1) Until the commencement of section 19 (local authority scrutiny of crime and disorder matters of the Police and Justice Act 2006 regulation 6 shall have effect as if paragraph (d) were omitted.

    (2) For the year beginning 1st April 2008 for the references in these Regulations to revising the partnership plan there shall be substituted preparing the partnership plan.


Tony McNulty
Minister of State

Home Office
18th October 2007


Brian Gibbons
Minister for Social Justice and Local Government, one of the Welsh Ministers

23rd October 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


Section 5 of the Crime and Disorder Act 1998 (the 1998 Act) gives certain public authorities ("the responsible authorities") in local government areas functions relating to the reduction of crime and disorder and the combating of substance misuse. Collectively these authorities are known in Wales as Community Safety Partnerships (CSPs). Section 6 of the 1998 Act places obligations on CSPs to formulate and implement a strategy to reduce crime and disorder and combat substance misuse. These Regulations make further provision as to the formulation and implementation of the strategy to reduce crime and disorder.

Regulation 3 provides that CSPs shall set up a strategy group. The role of the strategy group is to prepare a strategic assessment in accordance with Regulations 5 to 7 and the partnership plan in accordance with Regulations 8 and 9. The strategic assessment is an analysis of the levels and patterns of crime and disorder in the area and the priorities the CSP should adopt to address those matters. The partnership plan sets out a strategy for meeting those priorities and how that strategy should be implemented by the CSPs.

The Regulations also include provisions to facilitate information sharing within CSPs and Regulations to ensure that when preparing a strategic assessment and partnership plan the CSPs engage with their local communities. Regulation 13 makes provision for the responsible authorities to have regard to any guidance issued by the Welsh Ministers and the Secretary of State.


Notes:

[1] 1998 c.37; section 6 was substituted by section 22 of, and Schedule 9 to, the Police and Justice Act 2006 (c.48) and will come into force on 19th November 2007 (S.I. 2007/3073(C.122)). There are amendments to section 114 of the 1998 Act not relevant to these Regulations.back

[2] The functions of the National Assembly for Wales transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32).back

[3] Section 5(2) of the 1998 Act has been amended by section 97 of the Police Reform Act 2002 (c.30).back

[4] 2006 c.48. Section 19 of the 2006 Act is not yet in force.back

[5] Section 5(3) of the 1998 Act has been amended by section 97 of the Police Reform Act 2002.back

[6] Section 17A was inserted into the 1998 Act by section 22 of, and Schedule 9 to, the Police and Justice Act 2006 and will be in force from 19th November 2007 (S.I. 2007/3073(C.122)).back

[7] Section 115 has been amended by section 74 of, and Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c.43), section 97 of the Police Reform Act 2002, section 219 of the Housing Act 2004 (c.34), section 22 of, and Schedule 9 to, the Police and Justice Act 2006 (those amendments are in force from 19th November 2007 (S.I. 2007/3073(C.122)) and by S.I. 2000/90 and S.I. 2002/2469.back



ISBN 978 0 11 078906 4


 © Crown copyright 2007

Prepared 31 October 2007


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