THE LEGAL CONTEXT. 2.1 Section 22A of the Police Act enables two or more policing bodies or the chief officers of one or more police forces and two or more policing bodies to enter into a collaboration agreement.
2.2 A collaboration agreement may contain “force collaboration provision”, “policing body collaboration provision” or “policing body and force collaboration provision” as set out in Section 22A (2) of the Police Act.
2.3 A chief officer may make a collaboration agreement only if the chief officer is of the view that it is in the interests of the efficiency and effectiveness of one or more police forces.
2.4 A policing body may make a collaboration agreement if it is of the view that the agreement is in the interests of the efficiency and effectiveness of one or more policing bodies or police forces.
THE LEGAL CONTEXT. 1.1 The Parties wish to enter into a functional collaboration agreement (“Functional Collaboration Agreement”) for the provision of a Joint Community Safety Department serving both South Yorkshire Police and South Yorkshire Fire and Rescue Service.
1.2 This Functional Collaboration Agreement is made pursuant to the Section 1 Policing and Crime Act Collaboration Agreement for collaborative working in the provision of Police and Fire Services, Support Functions and Co-location made between the parties on 23rd July 2018 (“the Overarching Agreement”) whose terms and provisions are adopted and confirmed for the purposes of this Functional Collaboration Agreement as if the same were repeated and incorporated herein.
1.3 This Functional Collaboration Agreement constitutes a specific collaboration agreement as contemplated within the Overarching Agreement.
1.4 If any Party wishes to seek an amendment to the terms of this Functional Collaboration Agreement, they shall send that request to the Police and Fire Delivery Board for support and Police and Fire Collaboration Board for approval who shall consider the request before and any proposed amendments shall be included within a revised draft within 6 months following agreement of such amendments in accordance with section 7.1.
1.5 The Parties consider that this Functional Collaboration Agreement is in the interests of the efficiency or effectiveness of their collective services and as such the Parties recognise the duty to collaborate pursuant to the Policing and Crime Act 2017.
1.6 Where there is any inconsistency or conflict between the Overarching Agreement and this Functional Collaboration Agreement, the provisions of this Functional Collaboration Agreement shall be preferred and shall prevail.
THE LEGAL CONTEXT. 1.1 The Commissioners wish to enter into a Collaboration Agreement pursuant to Xxxxxxx 00X Xxxxxx Xxx 0000 (“the 1996 Act”) for the provision of Chief Finance Officer services.
1.2 This Agreement is made pursuant to
1.2.1 the individual obligations of the Commissioners to appoint a Chief Finance Officer under paragraph 6(1)(b) of Schedule 1 to the Police Reform and Social Responsibility Xxx 0000 (“the 2011 Act”); and
1.2.2 the recommendation of the North Yorkshire Police & Crime Panel, supporting the candidacy of Mr Xxxxxxx Xxxxxx for the proposed senior appointment in the role of Chief Finance Officer to the Commissioner for North Yorkshire.
1.3 This Agreement provides for support by a policing body for another policing body (a policing body collaboration provision) pursuant to s22A(2)(c) of the 1996 Act.
1.4 The Policing Bodies are of the view that this Collaboration Agreement is in the interests of the efficiency or effectiveness of the Policing Bodies and have consulted with their respective Chief Constables.
THE LEGAL CONTEXT. 1.1. The Commissioners and Chief Constables wish to enter into a Collaboration Agreement pursuant to the provisions of Section 22A et seq Police Xxx 0000 as amended (“the 1996 Act”) in order to arrange a collaborative secondment of Chief Constable Xxxx Xxxxx to the role of Acting Chief Constable of South Yorkshire Police (to be known as ‘Interim Chief Constable’) for an appropriate period, following a request from the Police & Crime Commissioner for South Yorkshire. References to ‘the 2011 Act’ are references to the Police Reform & Social Responsibility Xxx 0000 as amended. NOT PROTECTIVELY MARKED
1.2. The Commissioners and Chief Constables also wish to enter into a Collaboration Agreement for the secondment on similar terms, of Acting Assistant Chief Constable Xxx XxXxxxxx to South Yorkshire Police.
1.3. Following the suspension of Xxxxx Xxxxxxxx from the role of Chief Constable of South Yorkshire an urgent need arises, in the public interest, for the Police and Crime Commissioner for South Yorkshire to ensure that a Chief Constable is appointed to lead South Yorkshire Police.
1.4. The Police & Crime Commissioners for both South and North Yorkshire recognise the critical public interest considerations which give rise to the arrangements and a joint Decision Notice has been published in accordance with Paragraph 5 of Schedule 1 to the Elected Local Policing Bodies (Specified Information) Order 2011 as amended, at 1.4.1. in the case of the Commissioner for South Yorkshire, xxxx://xxx.xxxxxxxxxxxxxx-xxx.xxx.xx/Document- Library/Decisions/1617/Interim-CC-Decision-003-2016-SY-17-20016-NY.pdf ; and
THE LEGAL CONTEXT. 1.1. The Commissioners wish to enter into a Collaboration Agreement pursuant to the duties under Section 22A Police Act 1996 (“the 1996 Act”) for the provision of services under Schedule 1 to the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”)
1.2. This Agreement is made pursuant to
1.2.1. the individual obligations of the Commissioners to appoint an individual under paragraph (7)(1) of Schedule 1 to the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”)
1.2.2. the recommendation of the North Yorkshire Police & Crime Panel, supporting the candidacy of Mr Xxxxx Xxxxxx ( “ Xx Xxxxxx “) for the proposed senior appointment to the Commissioner for North Yorkshire.
1.3. This Agreement provides support by a Policing Body for another Policing Body (a Policing Body collaboration provision) pursuant to s22A(2)(c) of the 1996 Act.
1.4. The Policing Bodies are of the view that this Collaboration Agreement is in the interests of the efficiency or effectiveness of the Policing Bodies and have consulted with their respective Chief Constables.
THE LEGAL CONTEXT. 1.1. The Commissioners wish to enter into a Collaboration Agreement pursuant to the duties under Xxxxxxx 00X Xxxxxx Xxx 0000 (“the 1996 Act”) for the provision of services under Schedule 1 to the Police Reform and Social Responsibility Xxx 0000 (“the 2011 Act”)
1.2. This Agreement is made pursuant to
1.2.1. the individual obligations of the Commissioners to appoint an individual under paragraph (7)(1) of Schedule 1 to the Police Reform and Social Responsibility Xxx 0000 (“the 2011 Act”)
1.2.2. the recommendation of the North Yorkshire Police & Crime Panel, supporting the candidacy of Mr Xxxxx Xxxxxx ( “ Xx Xxxxxx “) for the proposed senior appointment to the Commissioner for North Yorkshire.
1.3. This Agreement provides support by a Policing Body for another Policing Body (a Policing Body collaboration provision) pursuant to s22A(2)(c) of the 1996 Act.
1.4. The Policing Bodies are of the view that this Collaboration Agreement is in the interests of the efficiency or effectiveness of the Policing Bodies and have consulted with their respective Chief Constables.
THE LEGAL CONTEXT. 1.1. The Commissioners wish to enter into a Collaboration Agreement pursuant to the duties under Xxxxxxx 00X Xxxxxx Xxx 0000 (“the 1996 Act”) for the provision of services under Schedule 1 to the Police Reform and Social Responsibility Xxx 0000 (“the 2011 Act”)
1.2. This Agreement is made pursuant to:-
1.2.1. the individual obligations of the Commissioners to appoint an individual under paragraph 6 of Schedule 1 to the Police Reform and Social Responsibility Xxx 0000 (“the 2011 Act”); and
1.2.2. the obligation of the Commissioner for North Yorkshire to appoint an individual under paragraph 7(1) of Schedule 1 to the 2011 Act; and
1.2.3. the confirmation of the North Yorkshire Police, Fire & Crime Panel, into an Acting senior appointment to the Commissioner for North Yorkshire, specifically that of Xxxxx Xxxxxx.
1.2.4. the appointment of two Assistant Chief Executives, namely Xxxxxxxx Xxxxxxxxx and Xxxxxx Xxxxx serving in the Cleveland Assistant Chief Executive role profile and based at the Commissioner’s Offices in Harrogate, such appointment to be arranged by way of formal secondment or letter of temporary appointment into the Assistant Chief Executive role.
1.2.5. review and termination of the collaboration agreement for the provision of services to the Commissioner for North Yorkshire entered into on 1 April 2019.
1.3. This Agreement provides support by a Policing Body for another Policing Body (a Policing Body collaboration provision) pursuant to s22A(2)(c) of the 1996 Act by way of secondment of staff in whole or part (referred to in this agreement as the Secondment(s) or the Secondee(s) as the context dictates).
1.4. The Policing Bodies are of the view that this Collaboration Agreement is in the interests of the efficiency or effectiveness of the Policing Bodies and have consulted with their respective Chief Constables.
THE LEGAL CONTEXT. 2.1 Section 23 Police Act 1996 (as amended) (“The Act”) enables the Chief Officers of two or more police forces to make an agreement about the discharge of functions by officers and staff of any of their forces in the interests of the efficiency or effectiveness (“Police Force Collaboration Agreement (“PFCA”)). Functions comprise all and any of the powers and duties of police forces.
2.2 A chief officer may make an agreement only with the approval of the police authority responsible for maintaining the chief officer's force.
2.3 Section 23A of the Act enables two or more police authorities to make an agreement about the provision of support for any of those police authorities and/or for any of the police forces which they maintain (Police Authority Collaboration Agreement (“PACA”)). “Support” includes the provision of premises, equipment, staff, services and facilities.
THE LEGAL CONTEXT. [19] The following provisions of the RTC and WTO law have been invoked by the parties to this case and are referenced in the judgment below:
