The Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017

Arrangements for exercise of fire and rescue functions

5.—(1) The Mayor may not make arrangements under section 107D(3) of the LDEDC Act (functions of mayors: general) that authorise the exercise of any of the fire and rescue functions to which article 6 applies.

(2) The Mayor may arrange under section 107D(3) of the LDEDC Act 2009 for a committee(1) of the GMCA to exercise fire and rescue functions other than any of the functions to which article 6 applies (“fire committee”).

(3) One member of the fire committee is to be appointed by the Mayor on the nomination of each constituent council from one of that council’s elected members.

(4) The Mayor may appoint 5 or fewer further members of the fire committee from the elected members of one or more of the constituent councils.

(5) Where the Mayor decides not to appoint a person who has been nominated by a constituent council, that council may nominate a further person from that council’s elected members.

(6) The Mayor and the constituent councils must, when appointing or nominating members to the fire committee, ensure that the members of the fire committee taken as a whole reflect so far as reasonably practicable the balance of the political parties for the time being prevailing among the constituent councils when taken together.

(7) The Mayor must appoint one of the members of the fire committee to serve as chair of the committee.

(8) A member of the fire committee ceases to be a member of that committee, if that person ceases to be a member of the constituent council of which that person had been a member at the time of appointment to the committee.

(9) A member of the fire committee may resign as a member of the fire committee by written notice served on the proper officer of the constituent council which that person had been a member of at the time of appointment to the committee and the resignation is to take effect on receipt of the notice by the proper officer.

(10) The Mayor may at any time terminate the appointment of a member of the fire committee where that member has not attended meetings of the fire committee throughout a period of six consecutive months from the date of that member’s last attendance.

(11) Where a person ceases to be a member of the fire committee by virtue of paragraph (8), (9) or (10) and paragraph (3) had applied to that person, the constituent council that nominated that member must, as soon as practicable, give written notice to the Mayor and nominate another person from that council’s elected members.

(12) Where a person ceases to be a member of the fire committee by virtue of paragraph (8), (9), or (10), the Mayor must appoint another person to be a member of the fire committee.

(13) Where an elected member of a constituent council is appointed by the Mayor to be a member of the fire committee, that constituent council may, in accordance with its own scheme of allowances, pay a special responsibility allowance to that member and also a travelling and subsistence allowance.

(14) In this article—

“fire committee” means the committee referred to in paragraph (2) of this article;

“special responsibility allowance” and “travelling and subsistence allowance” have the same meaning as in the Local Authorities (Members’ Allowances) (England) Regulations 2003(2).

(1)

This authorises the Mayor to make arrangements for a committee to exercise fire and rescue functions under section 107D(3)(c)(ii).

(2)

S.I. 2003/1021; to which there are amendments not relevant to this Order.