Fire Services Act 1947

Section 19.

SECOND SCHEDULE Application to Combined Fire Authorities of Provisions as to Establishment Schemes and Management Schemes.

1 (1) In the case of a fire authority constituted by a combination scheme, provision for the matters to which establishment schemes relate (hereafter in this Schedule referred to as " establishment matters ") or to which management schemes relate (hereafter in this Schedule referred to as " management matters ") shall be made by the combination scheme and not by an establishment scheme or management scheme, as the case may be, and may be varied or revoked accordingly:

Provided that in the case of an authority constituted by a combination scheme so as to become a fire authority on the appointed day, provision for management matters may be made either in the scheme constituting the authority or by the variation of that scheme as soon as may be after the appointed day.

(2) In this Schedule references to a fire authority constituted by a combination scheme shall be construed, in relation to management matters, as references to such an authority the area of which consists of or includes one or more counties other than the County of London.

(3) Without prejudice to any power to vary a combination scheme, subsection (5) of section nineteen and subsections (3) and (7) of section twenty of this Act shall not apply in relation to a fire authority constituted by a combination scheme.

2 Where by reason of the variation or revocation of a combination scheme the council of a county or county borough becomes a fire authority, the establishment scheme for the authority, and in the case of an authority being the council of a county the management scheme for the authority, shall be contained in the varying or revoking scheme instead of being made in accordance with the provisions of this Act in that behalf, but may be varied or revoked as if so made.

3 (1) Where a combination scheme, or a scheme varying or revoking a combination scheme, makes provision for establishment or management matters relating to one or more counties, the following provisions shall have effect.

(2) Before the scheme is made a copy of a draft of so much thereof as makes provision for establishment or management matters shall be sent by the authority making the scheme to the council of every county district comprised in the said county or counties, and the said authority shall take into consideration any representations made by the council of any such county district before the expiration of one month from the sending of the copy to that council.

(3) So much of the scheme as aforesaid may be made either in terms of the draft referred to in the last foregoing sub-paragraph or with such modifications as appear expedient to the authority making the scheme, having regard to any representations duly made.

(4) Where the scheme is required to be submitted to the Secretary of State for his approval, there shall be forwarded with the scheme any such representations as aforesaid.

(5) Before approving or making a scheme the Secretary of State shall consider any representations of the council of a county district made or forwarded to him in accordance with the foregoing provisions of this Schedule and, in the case of a scheme not made by him, any observations relating thereto which he has received from the authority making the scheme or the council making the representations.

4 The Secretary of State may, for the purpose of his function under this Schedule as to establishment matters, hold such public local inquiries as he thinks fit.