Local Government and Elections (Wales) Act 2021

Fire and rescue authorities E+W

166 Combined fire and rescue authorities: inquiries E+W

(1) The Fire and Rescue Services Act 2004 (c. 21) is amended as follows.

(2) In section 2 (power to create combined fire and rescue authorities)—

(a) in subsection (8)—

(i) omit “must cause an inquiry to be held”;

(ii) in paragraph (a), at the beginning insert “ must cause an inquiry to be held ”;

(iii) at the end of paragraph (a), omit “or”;

(iv) for paragraph (b) substitute—

“(b) where a scheme constituted a fire and rescue authority for an area in England, must cause an inquiry to be held before varying or revoking the scheme under this section, or”;

(v) after that paragraph insert—

“(c) where a scheme constituted a fire and rescue authority for an area in Wales, must cause an inquiry to be held before—

(i) varying the scheme in a way which changes the combined area (and may cause an inquiry to be held before varying the scheme in any other way), or

(ii) revoking the scheme.”;

(b) in subsection (9)—

(i) in paragraph (b), after “(8)(b)” insert “ or (c) ”;

(ii) in paragraph (c), for “either” substitute “ any ”;

(iii) in that paragraph, after ”2007” insert “ or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021 ”;

(iv) in paragraph (d), for “either” substitute “ any ”;

(c) in subsection (10), after “2007” insert “ or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or regulations are made under Part 7 of the Local Government and Elections (Wales) Act 2021, ”.

(3) In section 4 (combined authorities under the Fire Services Act 1947 (c. 41))—

(a) in subsection (6), for “must cause an inquiry to be held” substitute “—

(a) where the scheme constituted a fire and rescue authority for an area in England, must cause an inquiry to be held, and

(b) where the scheme constituted a fire and rescue authority for an area in Wales, must cause an inquiry to be held if under the order—

(i) the scheme would be varied in a way which changes the combined area (and may cause an inquiry to be held if the scheme would be varied in any other way), or

(ii) the scheme would be revoked.”;

(b) in paragraph (b) of subsection (7), after ”2007” insert “ or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021 ”.

(4) In section 34(3) of the 2013 Act (pre-review procedure: mandatory consultees), after paragraph (b) insert—

“(ba) any fire and rescue authority (constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies) for an area in Wales which may be affected by the review,”.

Commencement Information

I1 S. 166(3)(a) in force at 20.3.2021, see s. 175(3)(r)

I2 S. 166(3)(b) in force at 21.1.2021, see s. 175(l)(i)

I3 S. 166(4) in force at 20.3.2021, see s. 175(3)(r)

I4 S. 166(1)(2)(a)(b)(i)(ii) in force at 20.3.2021, see s. 175(3)(r)

I5 S. 166(2)(b)(iii)(c) in force at 21.1.2021, see s. 175(1)(i)

I6 S. 166(2)(b)(iv) in force at 20.3.2021, see s. 175(3)(r)

167 Performance and governance of fire and rescue authorities E+W

(1) The Fire and Rescue Services Act 2004 (c. 21) is amended as follows.

(2) After section 21 (fire and rescue national framework) insert—

“21A Fire and rescue authorities in Wales: performance and governance

(1) The Welsh Ministers may by regulations—

(a) require a fire and rescue authority for an area in Wales to make a plan in relation to the exercise of the authority's functions;

(b) impose requirements relating to such a plan.

(2) The requirements which may be imposed under subsection (1)(b) include requirements about—

(a) a plan's content;

(b) its preparation and revision;

(c) when it is to be made;

(d) the period to which it is to relate;

(e) its publication.

(3) Requirements about a plan's content include requirements to—

(a) set out an authority's priorities and objectives;

(b) describe and explain the extent to which the plan reflects the Framework prepared by the Welsh Ministers under section 21;

(c) set out actions the authority intends to take in relation to its priorities and objectives;

(d) set out how the authority intends to assess its performance.

(4) The Welsh Ministers may by regulations make provision (including imposing requirements on an authority) for the purposes of assessing or reporting on the performance of an authority.

(5) Before making regulations under subsection (1) or (4) the Welsh Ministers—

(a) must consult fire and rescue authorities for areas in Wales or persons who the Welsh Ministers consider represent those authorities;

(b) must consult persons who the Welsh Ministers consider represent employees of fire and rescue authorities for areas in Wales;

(c) may consult any other persons the Welsh Ministers consider appropriate.”

(3) In section 60(6) (procedure for orders and regulations), after paragraph (c) and before the “or” which follows it insert—

“(ca) regulations made by the Welsh Ministers under section 21A(1) or (4),”.

168 Fire and rescue authorities: disapplication of the 2009 Measure E+W

(1) In the 2009 Measure omit—

(a) section 1(c) (meaning of “Welsh improvement authority”);

(b) section 4(3)(c) and (4)(b) (aspects of improvement);

(c) section 10 (powers of delegation);

(d) section 11(1)(d) (meaning of “powers of collaboration”);

(e) section 16(2)(c) (meaning of “relevant regulators” and “relevant functions”);

(f) in section 35 (interpretation of Part 1), the definition of “Welsh fire and rescue authority”;

(g) in Schedule 1 (minor and consequential amendments: Part 1)—

(i) paragraph 27;

(ii) paragraphs 32 and 33, and the heading which precedes them.

(2) In section 93 of the Local Government Act 2003 (c. 26) (power to charge for discretionary services), in subsection (9)—

(a) for paragraph (aa) substitute—

“(aa) a county council or county borough council in Wales;”;

(b) after paragraph (ab) insert—

“(ac) a National Park authority for a National Park in Wales;”.

(3) In section 24 of the Fire and Rescue Services Act 2004 (c. 21) (best value), for subsections (3) to (5) substitute—

“(3) This section does not apply to a fire and rescue authority in Wales.”.

Commencement Information

I7 S. 168(1)(g)(i) in force at 20.3.2021, see s. 175(3)(t)

I8 S. 168(2) in force at 20.3.2021, see s. 175(3)(t)