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Policing and Crime Act 2017

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Section 6

SCHEDULE 1Provision for police and crime commissioner to be fire and rescue authority

This schedule has no associated Explanatory Notes

Part 1Amendments to the Fire and Rescue Services Act 2004

1The Fire and Rescue Services Act 2004 is amended as follows.

2Before section 1 insert—

Fire and rescue authorities.

3In section 1(4) (fire and rescue authorities) for the words from “sections” to the end substitute

(a)sections 2 and 4 (schemes constituting combined fire and rescue authorities for particular areas), and

(b)sections 4A and 4B (orders providing for police and crime commissioners to be fire and rescue authorities).

4Before section 2 insert—

Combined fire and rescue authorities.

5After section 4 insert—

Fire and rescue authority involving police and crime commissioner

4APower to provide for police and crime commissioner to be fire and rescue authority

(1)The Secretary of State may by order provide—

(a)for the creation of a corporation sole as the fire and rescue authority for the area specified in the order, and

(b)for the person who is for the time being the police and crime commissioner for the relevant police area to be for the time being that fire and rescue authority.

(2)In subsection (1) “the relevant police area” means the police area which—

(a)is the same as the area of the fire and rescue authority created by the order, or

(b)if the order creates two or more fire and rescue authorities, is the same as the areas of those authorities taken together.

(3)The whole of an area of a fire and rescue authority created by an order under this section must be—

(a)within England, and

(b)outside the metropolitan police district and the City of London police area.

(4)An order under this section may be made only if the relevant police and crime commissioner has submitted a proposal for the order to the Secretary of State.

(5)An order under this section may be made only if it appears to the Secretary of State that—

(a)it is in the interests of economy, efficiency and effectiveness for the order to be made, or

(b)it is in the interests of public safety for the order to be made.

(6)The Secretary of State may not make an order under this section in a case within subsection (5)(a) if the Secretary of State thinks that the order would have an adverse effect on public safety.

(7)In this section “relevant police and crime commissioner” has the same meaning as in Schedule A1; and that Schedule makes further provision about the procedure for an order under this section.

4BChanges to existing fire and rescue authorities

(1)An order under section 4A may make alterations to the areas of fire and rescue authorities in England outside Greater London.

(2)The alterations that may be made by virtue of subsection (1) include alterations that result in a reduction or an increase in the number of such areas.

(3)An order under section 4A(1) may make provision for the abolition of—

(a)a metropolitan county fire and rescue authority,

(b)a combined fire and rescue authority constituted by a scheme under section 2,

(c)a combined fire and rescue authority constituted by a scheme to which section 4 applies, or

(d)a fire and rescue authority created by an order under section 4A(1).

4CTransfer of property, rights and liabilities

(1)This section applies if the Secretary of State makes an order under section 4A.

(2)The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities from an existing fire and rescue authority (“the transferor”) to the fire and rescue authority created by the order (“the transferee”).

(3)The things that may be transferred under a transfer scheme include—

(a)property, rights and liabilities that could not otherwise be transferred;

(b)property acquired, and rights and liabilities arising, after the making of the scheme;

(c)criminal liabilities.

(4)A transfer scheme may make supplementary, incidental, transitional and consequential provision and may in particular—

(a)create rights, or impose liabilities, in relation to property or rights transferred;

(b)make provision about the continuing effect of things done by the transferor in respect of anything transferred;

(c)make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

(d)make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;

(e)make provision for the shared ownership or use of property.

(5)A transfer scheme may provide—

(a)for the scheme to be modified by agreement after it comes into effect, and

(b)for any such modifications to have effect from the date when the original scheme comes into effect.

(6)In this section—

(a)references to the transfer of property include the grant of a lease;

(b)references to rights and liabilities include rights and liabilities under a contract of employment.

4DFurther provision about authority created by section 4A order

(1)A person who is a fire and rescue authority created by an order under section 4A is to be paid allowances, in respect of expenses incurred by the person in the exercise of the authority’s functions, which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this subsection.

(2)A determination under subsection (1) may make different provision for different cases.

(3)Payments under subsection (1) are to be made by the fire and rescue authority.

(4)A fire and rescue authority created by an order under section 4A must appoint a person to be responsible for the proper administration of the authority’s financial affairs (a “chief finance officer”).

(5)A fire and rescue authority created by an order under section 4A must appoint a person to act as chief finance officer of the authority if and so long as—

(a)that post is vacant, or

(b)the holder of that post is, in the authority’s opinion, unable to carry out the duties of that post.

(6)Section 113 of the Local Government Finance Act 1988 (qualifications of responsible officer) applies to a person appointed under subsection (4) or (5) as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.

(7)A fire and rescue authority created by an order under section 4A may—

(a)appoint such other staff as the authority thinks appropriate to enable the authority to exercise the functions of the authority;

(b)pay remuneration, allowances and gratuities to members of the authority’s staff.

(8)In subsection (7) “allowances”, in relation to a member of the authority’s staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

(9)A fire and rescue authority created by an order under section 4A may pay—

(a)pensions to, or in respect of, persons who are or have been members of the authority’s staff, and

(b)amounts for or towards the provision of pensions to, or in respect of, persons who are or have been members of the authority’s staff.

(10)An order under section 4A may make provision—

(a)about the delegation by the fire and rescue authority created by the order of the authority’s functions to the person who is for the time being the relevant deputy police and crime commissioner;

(b)about the further delegation of such functions by that person to a member of staff of the authority or of the relevant police and crime commissioner;

(c)about the delegation by the authority of such functions to a member of staff of the authority or of the relevant police and crime commissioner.

(11)In subsection (10)

  • “the relevant deputy police and crime commissioner” means the deputy police and crime commissioner for the police area—

    (a)

    which corresponds to the area of the fire and rescue authority, or

    (b)

    within which the area of the fire and rescue authority falls;

  • “the relevant police and crime commissioner” means the police and crime commissioner for that police area.

(12)References in subsection (10) to a member of staff of a police and crime commissioner are to any of the following persons appointed under Schedule 1 to the Police Reform and Social Responsibility Act 2011—

(a)the commissioner’s chief executive;

(b)the commissioner’s chief finance officer;

(c)other staff.

(13)Provision made under subsection (10) may—

(a)enable the delegation of any of the functions of the fire and rescue authority;

(b)enable the delegation of any of the functions of the authority other than those specified or described in the order;

(c)enable the delegation of the functions of the authority specified or described in the order.

(14)An order under section 4A may make provision about—

(a)the personal liability of a person who is the fire and rescue authority created by the order for acts or omissions done by the person in the exercise of the authority’s functions;

(b)the personal liability of a person who is a member of staff of the fire and rescue authority created by the order for acts or omissions done by the person in the carrying out of duties as a member of staff.

(15)A fire and rescue authority created by an order under section 4A may acquire land compulsorily.

(16)The Acquisition of Land Act 1981 applies in relation to the compulsory purchase of land pursuant to subsection (15).

4ERequirement for authority created by section 4A order to have fire fund

(1)Each fire and rescue authority created by an order under section 4A must keep a fund to be known as the fire fund.

(2)All of the receipts of a fire and rescue authority created by an order under section 4A must be paid into the relevant fire fund.

(3)All of the expenditure of a fire and rescue authority created by an order under section 4A must be paid out of the relevant fire fund.

(4)A fire and rescue authority created by an order under section 4A must keep accounts of payments made into or out of the relevant fire fund.

(5)Subsections (2) and (3) are subject to the provisions of—

(a)the scheme established under section 26 of the Fire Services Act 1947 (Firemen’s Pension Scheme) (as continued in force by order under section 36),

(b)a scheme under section 34 (pensions etc), or

(c)scheme regulations within the meaning of the Public Service Pensions Act 2013.

(6)In this section “relevant fire fund”, in relation to a fire and rescue authority created by an order under section 4A, means the fire fund which that authority keeps.

4FExercise of functions pursuant to section 4A order

(1)A fire and rescue authority created by an order under section 4A must exercise its functions efficiently and effectively.

(2)A person who is the fire and rescue authority by virtue of an order under section 4A may not act in that office unless the person has made and delivered a declaration of acceptance of office under section 70 of the Police Reform and Social Responsibility Act 2011 in accordance with that section.

(3)Subsections (4) and (5) apply if—

(a)an order under section 4A has effect for the area of a fire and rescue authority, and

(b)an acting commissioner is appointed under section 62 of the Police Reform and Social Responsibility Act 2011 for the police area—

(i)which corresponds to the area of the fire and rescue authority, or

(ii)within which the area of the fire and rescue authority falls.

(4)The acting commissioner is to act as the fire and rescue authority for the period of the acting commissioner’s appointment.

(5)Accordingly—

(a)all of the functions of the fire and rescue authority are exercisable by the acting commissioner during that period, and

(b)any property or rights vested in the fire and rescue authority may be dealt with by the acting commissioner in that period as if vested in the acting commissioner.

(6)Subsection (7) applies if a person elected as police and crime commissioner for a police area—

(a)is disqualified from being, or being elected as, a police and crime commissioner, or

(b)is disqualified from being, or being elected as, the police and crime commissioner for that area.

(7)Any acts of the person when acting in the office of fire and rescue authority are, despite that disqualification, as valid and effectual as if the person had not been disqualified.

4GSection 4A order: transitional provision

(1)The transitional provision which may be made by an order under section 4A by virtue of section 60(2)(b) includes, in particular, provision of the kind described in the following provisions of this section.

(2)An order under section 4A may make provision for a specified person to be the shadow fire and rescue authority for the area to which the order relates for a specified period.

(3)A shadow fire and rescue authority is a person who has the specified functions of a fire and rescue authority in relation to that area, but is not otherwise the fire and rescue authority for that area.

(4)An order under section 4A which includes provision by virtue of subsection (2) may make provision about the operation of any enactment in relation to—

(a)the shadow fire and rescue authority, or

(b)any other person to whom the enactment would otherwise apply.

(5)This includes provision for the enactment to apply with modifications in relation to a person within subsection (4)(a) or (b).

(6)An order under section 4A may make provision about the operation of the Local Government Finance Act 1992 in relation to the fire and rescue authority created by the order during a specified period beginning with the time when the authority becomes the fire and rescue authority for the area to which the order relates.

(7)This includes provision for that Act to apply for that period with modifications in relation to—

(a)the authority, or

(b)any other person to whom that Act would otherwise apply.

(8)Provision under subsection (4) or (6) may, in particular, make different provision for different parts of an authority’s area.

(9)In this section—

(a)“specified” means specified in an order under section 4A;

(b)“enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

(c)references to the Local Government Finance Act 1992 include any provision made under that Act.

4HDelegation to chief constable for police area

(1)The Secretary of State may by order make provision about—

(a)the delegation of functions of a fire and rescue authority created, or to be created, by an order under section 4A to the chief constable of the police force for the police area—

(i)which corresponds to the area of the fire and rescue authority, or

(ii)within which the area of the fire and rescue authority falls;

(b)the delegation by such a chief constable of the chief constable’s fire and rescue functions.

(2)Provision made under subsection (1) may—

(a)enable the delegation of any of the functions mentioned in that subsection;

(b)enable the delegation of any of the functions mentioned in that subsection other than those specified or described in the order;

(c)enable the delegation of such of the functions mentioned in that subsection as are specified or described in the order.

(3)Provision made under subsection (1)(b) may enable delegation to—

(a)members of the chief constable’s police force;

(b)the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011;

(c)members of staff transferred to the chief constable under a scheme under section 4I(1);

(d)members of staff appointed by the chief constable under section 4I(4).

(4)An order under this section may be made only if the relevant police and crime commissioner has submitted a proposal for the order to the Secretary of State.

(5)An order under this section may be made only if it appears to the Secretary of State that—

(a)it is in the interests of economy, efficiency and effectiveness for the order to be made, or

(b)it is in the interests of public safety for the order to be made.

(6)The Secretary of State may not make an order under this section in a case within subsection (5)(a) if the Secretary of State thinks that the order would have an adverse effect on public safety.

(7)In this section “relevant police and crime commissioner” has the same meaning as in Schedule A1; and that Schedule makes provision about the procedure for an order under this section which is not combined, or not proposed to be combined, with an order under section 4A (see in particular paragraph 7 of that Schedule).

(8)In this section “fire and rescue functions”, in relation to a chief constable, means—

(a)functions which are delegated to the chief constable under provision made under subsection (1)(a), and

(b)functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

(9)This section is subject to section 37 (prohibition on employment of police in fire-fighting).

4IFurther provision about chief constable covered by section 4H order

(1)If an order is made under section 4H, the Secretary of State may make one or more schemes for the transfer of property, rights and liabilities—

(a)from a fire and rescue authority to the chief constable to whom the order applies, or

(b)from that chief constable to the fire and rescue authority to which the order applies.

(2)The fire and rescue authority mentioned in subsection (1)(a) may be one created by an order under section 4A or another kind of fire and rescue authority.

(3)Subsections (3) to (6) of section 4C apply to a transfer scheme under subsection (2) as they apply to a transfer scheme under that section.

(4)A chief constable to whom an order under section 4H applies may appoint staff for the purpose of the exercise of the chief constable’s fire and rescue functions.

(5)A chief constable to whom an order under section 4H applies may—

(a)pay remuneration, allowances and gratuities to members of the chief constable’s fire and rescue staff;

(b)pay pensions to, or in respect of, persons who are or have been such members of staff;

(c)pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff.

(6)In subsection (5) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

(7)Subject to subsections (8) to (10), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (4) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011.

(8)Where an order under section 4H is in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force’s chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of the chief constable’s fire and rescue functions.

(9)Subsection (7) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions.

(10)In subsection (9)—

  • “finance officer for fire functions” means a member of a chief constable’s fire and rescue staff  who—

    (a)

    is not a chief finance officer of the kind mentioned in subsection (8), and

    (b)

    is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of the chief constable’s fire and rescue functions;

  • “finance officer for police functions” means a member of a chief constable’s civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who—

    (a)

    is not a chief finance officer of the kind mentioned in subsection (8), and

    (b)

    is employed to carry out duties relating to the proper administration of a police force’s financial affairs.

(11)Where an order under section 4H is in force, the fire and rescue authority to which the order applies must pay—

(a)any damages or costs awarded against the chief constable to whom the order applies in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff;

(b)any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings;

(c)any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff, if the settlement is approved by the authority.

(12)Where an order under section 4H is in force, the fire and rescue authority to which the order applies may, in such cases and to such extent as appears to the authority to be appropriate, pay—

(a)any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the order applies in proceedings for any unlawful conduct of that member of staff;

(b)costs incurred and not recovered by such a member of staff in such proceedings;

(c)sums required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(13)In this section—

  • “fire and rescue functions” has the same meaning as in section 4H;

  • “fire and rescue staff”, in relation to a chief constable to whom an order under section 4H applies, means—

    (a)

    staff transferred to the chief constable under a scheme under subsection (1), and

    (b)

    staff appointed by the chief constable under subsection (4).

4JExercise of functions pursuant to section 4H order

(1)This section applies if—

(a)an order under section 4H makes provision in relation to the area of a fire and rescue authority, and

(b)under the order, functions of the fire and rescue authority are delegated to the chief constable of the police force for the police area—

(i)which corresponds to the area of the fire and rescue authority, or

(ii)within which the area of the fire and rescue authority falls.

(2)The chief constable must secure that good value for money is obtained in exercising—

(a)functions which are delegated under the order, and

(b)functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

(3)The chief constable must secure that persons exercising functions delegated by the chief constable under the order obtain good value for money in exercising those functions.

(4)The fire and rescue authority must—

(a)secure the exercise of the duties which are delegated to the chief constable under the order,

(b)secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment,

(c)secure that functions which are delegated to the chief constable under the order are exercised efficiently and effectively, and

(d)secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively.

(5)The fire and rescue authority must hold the chief constable to account for the exercise of such functions.

4KComplaints and conduct matters etc

(1)If an order is made under section 4H(1)(b) that enables delegation to members of a police force or the civilian staff of a police force, the Secretary of State may by order amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.

(2)If an order is made under section 4H(1)(b) that enables delegation to members of staff transferred to a chief constable under a scheme under section 4I(1) or appointed by a chief constable under section 4I(4), the Secretary of State may by order make provision of the type described in subsection (3) in relation to those members of staff.

(3)The provision referred to in subsection (2) is—

(a)provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002;

(b)provision applying (with or without modifications) any provision made by or under Part 2 of that Act.

(4)The Secretary of State may by order, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002.

(5)Before making an order under this section the Secretary of State must consult—

(a)the Police Advisory Board for England and Wales,

(b)the Independent Police Complaints Commission,

(c)such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(d)such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and

(e)such other persons as the Secretary of State considers appropriate.

4LApplication of fire and rescue provisions

(1)The Secretary of State may by order—

(a)apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2);

(b)make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment.

(2)Those persons are—

(a)a chief constable of a police force for a police area to whom an order under section 4H applies,

(b)a member of staff transferred to such a chief constable under a scheme under section 4I(1),

(c)a member of staff appointed by such a chief constable under section 4I(4),

(d)a member of such a chief constable’s police force to whom functions have been delegated by virtue of section 4H(1)(b), and

(e)a member of the civilian staff of such a police force (as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011) to whom functions have been delegated by virtue of section 4H(1)(b).

(3)The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a fire and rescue enactment or make provision corresponding or similar to any such provision.

(4)The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).

(5)In this section “fire and rescue enactment” means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority).

This includes an enactment contained in this Act.

(6)References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

4MApplication of local policing provisions

(1)Schedule A2 makes provision about the application, in relation to a fire and rescue authority created by an order under section 4A, of legislation relating to police and crime commissioners.

(2)The Secretary of State may by order—

(a)apply (with or without modifications) any provision of a local policing enactment in relation to a fire and rescue authority created by an order under section 4A;

(b)make, in relation to a fire and rescue authority created by an order under section 4A, provision corresponding or similar to any provision of a local policing enactment.

(3)The power conferred by subsection (2)(a) or (b) includes power to apply (with or without modifications) any provision made by or under a local policing enactment or make provision corresponding or similar to any such provision.

(4)The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (2).

(5)In this section “local policing enactment” means an enactment relating to a police and crime commissioner.

(6)References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

6Before section 5A insert—

Powers of certain fire and rescue authorities.

7In section 5A (powers of certain fire and rescue authorities) in subsection (3) (authorities to which powers apply)—

(a)omit the “or” at the end of paragraph (c), and

(b)at the end of paragraph (d) insert , or

(e)created by an order under section 4A.

8After section 5L insert—

Interpretation of Part 1

5MInterpretation of Part 1

In this Part—

  • “City of London police area” means the City of London as defined for the purposes of the Acts relating to the City of London police force;

  • “metropolitan police district” means that district as defined in section 76 of the London Government Act 1963;

  • “police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

9In section 21 (Fire and Rescue National Framework) after subsection (2) insert—

(2A)The Framework may contain different provision for different descriptions of fire and rescue authority.

10After section 25 (but before the italic heading before section 26) insert—

Police and crime plan

25APolice and crime plan

A fire and rescue authority created by an order under section 4A must, in carrying out its functions, have regard to the police and crime plan issued by the police and crime commissioner for the police area—

(a)which corresponds to the area of the fire and rescue authority, or

(b)within which the area of the fire and rescue authority falls.

11In section 34 (pensions etc) after subsection (10) insert—

(11)References in subsection (1) to persons who are or have been employed by a fire and rescue authority include persons who are or have been employed by the chief constable of the police force for a police area having been—

(a)transferred to the chief constable under a scheme made under section 4I(1), or

(b)appointed by the chief constable under section 4I(4).

(12)References in the other provisions of this section to a fire and rescue authority include a chief constable of the police force for a police area who employs persons of the kind mentioned in subsection (11).

12For section 37 (prohibition on employment of police) substitute—

37Prohibition on employment of police in fire-fighting

(1)No member of a police force may be employed by a fire and rescue authority or a relevant chief constable for the purpose of—

(a)extinguishing fires, or

(b)protecting life and property in the event of fires.

(2)Subsection (1) does not prevent the exercise of functions under section 7 (fire-fighting) by—

(a)a relevant chief constable, or

(b)a deputy chief constable to whom such functions have been delegated by a relevant chief constable.

(3)In this section “relevant chief constable” means the chief constable of a police force for a police area to whom functions of a fire and rescue authority have been delegated under an order under section 4H.

13Before Schedule 1 insert—

Sections 4A(7) and 4H(7)

Schedule A1Procedure for orders under section 4A

Proposal for order under section 4A

1(1)A proposal for an order under section 4A (a “section 4A proposal”) must contain an assessment of why—

(a)it is in the interests of economy, efficiency and effectiveness for the order to be made, or

(b)it is in the interests of public safety for the order to be made.

(2)If the proposal suggests that an order under section 4A should be combined with an order under section 4H (delegation to chief constable for police area), the proposal must set out the reasons for that suggestion.

Duty of relevant fire and rescue authority to cooperate in preparation of proposal

2(1)A relevant fire and rescue authority must cooperate with a relevant police and crime commissioner in the preparation of a section 4A proposal.

(2)A relevant fire and rescue authority must, in particular, provide a relevant police and crime commissioner with such information held by the authority as the commissioner reasonably requires for the purposes of the preparation of the proposal.

(3)Sub-paragraph (2) does not require the authority to provide information if to do so would breach—

(a)any obligation of confidence owed by the authority, or

(b)any other restriction on the disclosure of information (however imposed).

(4)Sub-paragraphs (1) and (2) do not apply if the proposal is for an order to create a fire and rescue authority for an area which, before the order is made, contains only the areas of two or more fire and rescue authorities created by order under section 4A.

Consultation on proposal

3(1)Before submitting a section 4A proposal to the Secretary of State, a relevant police and crime commissioner must—

(a)consult each relevant local authority about the proposal,

(b)consult people in the commissioner’s police area about the proposal,

(c)consult each of the following about the proposal—

(i)persons appearing to the commissioner to represent employees who may be affected by the proposal;

(ii)persons appearing to the commissioner to represent members of a police force who may be so affected, and

(d)publish, in such manner as the commissioner thinks appropriate, the commissioner’s response to the representations made or views expressed in response to those consultations.

(2)Each consultation under sub-paragraph (1) is to be carried out in such manner as the relevant police and crime commissioner thinks appropriate.

Provision of representations to Secretary of State

4(1)Sub-paragraphs (2) to (4) apply if, in response to a consultation by a relevant police and crime commissioner under paragraph 3(1)(a), a relevant local authority indicates that it does not support a section 4A proposal.

(2)The commissioner must, in submitting the proposal to the Secretary of State, provide the Secretary of State with—

(a)copies of each document provided by the commissioner for the purposes of paragraph 3,

(b)copies of each representation made by a relevant local authority in response,

(c)a summary of the views expressed by people in the commissioner’s police area about the proposal,

(d)a summary of the views expressed about the proposal by persons consulted under paragraph 3(1)(c), and

(e)the commissioner’s response to those representations and views.

(3)The Secretary of State must—

(a)obtain an independent assessment of the proposal, and

(b)have regard to that assessment and to the material provided to the Secretary of State under sub-paragraph (2) in deciding whether to make an order under section 4A in response to the proposal.

(4)The Secretary of State must publish the independent assessment—

(a)as soon as is reasonably practicable after making a determination in response to the proposal, and

(b)in such manner as the Secretary of State thinks appropriate.

Decision by Secretary of State

5(1)Subject to sub-paragraphs (2) and (3), the Secretary of State may, in making an order under section 4A, give effect to the proposal for the order with such modifications as the Secretary of State thinks appropriate.

(2)If paragraph 1 (2) applies to the proposal, the Secretary of State may not in response to the proposal make an order under section 4A which is not combined with an order under section 4H.

(3)Before making an order which gives effect to the proposal for the order with modifications, the Secretary of State must consult the following on the modifications—

(a)the relevant police and crime commissioner;

(b)each relevant local authority.

Interpretation

6(1)In this Schedule “section 4A proposal” has the meaning given by paragraph 1 (1).

(2)In this Schedule “relevant police and crime commissioner”, in relation to a section 4A proposal, means a police and crime commissioner—

(a)whose police area is the same as, or contains all of, the area of the fire and rescue authority proposed to be created by the order, or

(b)all or part of whose police area falls within the area of that fire and rescue authority.

(3)Any changes to the police areas contained in the proposal are to be disregarded in determining who is a relevant police and crime commissioner for the purposes of sub-paragraph (2).

(4)If there is more than one relevant police and crime commissioner in relation to a section 4A proposal, references in this Schedule to the relevant police and crime commissioner are to all of those police and crime commissioners acting jointly.

(5)In this Schedule “relevant fire and rescue authority”, in relation to a section 4A proposal prepared by a police and crime commissioner, means a fire and rescue authority—

(a)whose area is the same as, or contains all of, the police area of the police and crime commissioner, or

(b)all or part of whose area falls within the police area of the police and crime commissioner.

(6)In this Schedule “relevant local authority”, in relation to a section 4A proposal, means a local authority—

(a)whose area is the same as, or contains all of, the area of the fire and rescue authority proposed to be created by the order, or

(b)all or part of whose area falls within the area of that fire and rescue authority.

(7)In sub-paragraph (6) “local authority” means—

(a)a county council,

(b)a district council for an area for which there is no county council,

(c)the Council of the Isles of Scilly, or

(d)a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 which exercises the functions of a fire and rescue authority by virtue of section 105 or 105A of that Act.

Application of this Schedule to certain orders under section 4H

7(1)This paragraph makes provision about the application of this Schedule to an order under section 4H which is not combined, or proposed to be combined, with an order under section 4A (a “section 4H order”).

(2)Subject as follows, this Schedule applies to a section 4H order as it applies to an order under section 4A.

(3)The following provisions of this Schedule do not apply in relation to a section 4H order—

(a)paragraph 1(2);

(b)paragraph 5(2);

(c)paragraph 6.

(4)In the application of this Schedule to a section 4H order—

(a)“relevant police and crime commissioner” means the police and crime commissioner for the police area—

(i)which corresponds to the area of the fire and rescue authority to which the order relates, or

(ii)within which the area of that fire and rescue authority falls;

(b)“relevant fire and rescue authority” means that fire and rescue authority, and

(c)“relevant local authority” means a local authority (within the meaning of paragraph 6(7))—

(i)whose area is the same as, or contains all of, the area of that fire and rescue authority, or

(ii)all or part of whose area falls within the area of that fire and rescue authority.

Section 4M(1)

Schedule A1Application of legislation relating to police and crime commissioners

Introductory

1(1)This Schedule makes provision about the application of certain enactments relating to police and crime commissioners to a relevant fire and rescue authority.

(2)In this Schedule—

  • “relevant chief constable”, in relation to a relevant fire and rescue authority, means the chief constable of a police force (if any) to whom functions of the authority have been delegated under provision made under section 4H;

  • “relevant fire and rescue authority” means a fire and rescue authority created by an order under section 4A;

  • “relevant police and crime panel”, in relation to a relevant fire and rescue authority, means the police and crime panel for the police area—

    (a)

    which corresponds to the area of the fire and rescue authority, or

    (b)

    within which the area of the fire and rescue authority falls.

(3)In this Schedule “fire and rescue plan” means a document which—

(a)is prepared and published by a relevant fire and rescue authority in accordance with the Fire and Rescue National Framework, and

(b)sets out the authority’s priorities and objectives, for the period covered by the document, in connection with the discharge of the authority’s functions.

(4)In this Schedule “fire and rescue statement” means a document which—

(a)is prepared and published by a relevant fire and rescue authority in accordance with the Fire and Rescue National Framework, and

(b)contains a statement of the way in which the authority has had regard, in the period covered by the document, to the Framework and to any fire and rescue plan prepared by the authority  for that period.

Arrangements for obtaining the views of the community

2(1)Subsections (1), (1B), (2), (5A) and (5B) of section 96 of the Police Act 1996 (arrangements for obtaining the views of the community on policing) apply in relation to a relevant fire and rescue authority as they apply in relation to an elected local policing body, subject to sub-paragraph (2).

(2)As applied by sub-paragraph (1), those subsections have effect as if—

(a)the reference in subsection (1) to each police area were to each area of a relevant fire and rescue authority,

(b)in that subsection, for paragraphs (a) and (b) and the words following those paragraphs there were substituted “the views of people in that area about fire and rescue services”,

(c)in subsections (1B) and (5A) the references to a police area listed in Schedule 1 to that Act were to the area of a relevant fire and rescue authority,

(d)the reference in subsection (2) to the police area were to the area of the relevant fire and rescue authority, and

(e)the reference in that subsection to the chief officer of police for that police area were to the relevant chief constable.

Scrutiny of fire and rescue plan

3(1)Subsections (6) to (12) of section 5 of the Police Reform and Social Responsibility Act 2011 (scrutiny of police and crime plans) apply in relation to a relevant fire and rescue authority as they apply in relation to an elected local policing body, subject to sub-paragraph (2).

(2)As applied by sub-paragraph (1), those subsections have effect as if—

(a)references to a police and crime plan were to a fire and rescue plan,

(b)references to the relevant chief constable (within the meaning of that section) were to the relevant chief constable (within the meaning of this Schedule),

(c)references to the relevant police and crime panel (within the meaning of that Act) were to the relevant police and crime panel (within the meaning of this Schedule),

(d)in subsection (9), paragraph (b)(ii) and the words following that paragraph were omitted, and

(e)in subsection (10)(a) the words from “and to each” to “relevant police area” were omitted.

Information for public

4(1)Section 11 of the Police Reform and Social Responsibility Act 2011 (information for public etc) applies in relation to a relevant fire and rescue authority as it applies in relation to an elected local policing body, subject to sub-paragraph (2).

(2)As applied by sub-paragraph (1), that section has effect as if—

(a)references to the relevant chief officer of police were to the relevant chief constable, and

(b)references to the chief officer’s functions were to the relevant chief constable’s fire and rescue functions.

Scrutiny of fire and rescue statement

5(1)Subsections (2) to (5) of section 12 of the Police Reform and Social Responsibility Act 2011 (annual reports) apply in relation to a relevant fire and rescue authority as they apply in relation to an elected local policing body, subject to sub-paragraph (2).

(2)As applied by sub-paragraph (1), those subsections have effect as if—

(a)references to an annual report were to a fire and rescue statement, and

(b)references to the relevant police and crime panel (within the meaning of that Act) were to the relevant police and crime panel (within the meaning of this Schedule).

Information for police and crime panels

6(1)Section 13 of the Police Reform and Social Responsibility Act 2011 (information for police and crime panels) applies in relation to a relevant fire and rescue authority as it applies in relation to an elected local policing body, subject to sub-paragraph (2).

(2)As applied by sub-paragraph (1), that section has effect as if—

(a)references to the relevant police and crime panel (within the meaning of that Act) were to the relevant police and crime panel (within the meaning of this Schedule), and

(b)in subsection (2), paragraphs (a) to (c) were omitted.

Duties when carrying out functions

7(1)Subsections (1), (2) and (4) to (7) of section 17 of the Police Reform and Social Responsibility Act 2011 (duties when carrying out functions) apply in relation to a relevant fire and rescue authority as they apply in relation to an elected local policing body, subject to sub-paragraph (2).

(2)As applied by sub-paragraph (1), those subsections have effect as if—

(a)the reference in subsection (1) to policing in an elected local policing body’s area were to fire and rescue services in the relevant fire and rescue authority’s area,

(b)the reference in subsection (2) to the relevant police and crime panel (within the meaning of that Act) were to the relevant police and crime panel (within the meaning of this Schedule),

(c)the reference in that subsection to any report or recommendations made by the panel on the annual report for the previous financial year were to any report or recommendations made by the panel with respect to the discharge of the relevant fire and rescue authority’s functions, and

(d)the reference in subsection (7) to elected local policing bodies were to relevant fire and rescue authorities.

Powers of police and crime panels

8(1)Subsections (2) to (9) and (11) of section 28 of the Police Reform and Social Responsibility Act 2011 (police and crime panels outside London) apply in relation to a relevant fire and rescue authority as they apply in relation to a police and crime commissioner, subject to sub-paragraph (2).

(2)As applied by sub-paragraph (1), those subsections have effect as if—

(a)references to the police and crime panel or a police and crime panel were to the relevant police and crime panel,

(b)the references in subsection (3) to the draft police and crime plan were to the draft fire and rescue plan,

(c)the references in subsection (4) to an annual report were to a fire and rescue statement,

(d)the references in subsections (5) and (6) to Schedules 1 and 5 were to those Schedules as applied by this Schedule,

(e)the references in those subsections to Schedule 8 were omitted, and

(f)the second reference in subsection (8) to the police area were to the area of the relevant fire and rescue authority.

Power to require attendance and information

9(1)Section 29 of the Police Reform and Social Responsibility Act 2011 (power to require attendance and information) applies in relation to a relevant fire and rescue authority as it applies in relation to a police and crime commissioner, subject to sub-paragraph (2).

(2)As applied by sub-paragraph (1), that section has effect as if—

(a)references to the police and crime panel or a police and crime panel were to the relevant police and crime panel, and

(b)the reference in subsection (6) to the relevant chief constable (within the meaning of that section) were to the relevant chief constable (within the meaning of this Schedule).

Conduct of fire and rescue authority

10Section 31 of the Police Reform and Social Responsibility Act 2011 (conduct of police and crime commissioner etc) applies in relation to a holder of the office of relevant fire and rescue authority as it applies in relation to a holder of the office of police and crime commissioner.

Scrutiny of appointment of chief finance officer

11(1)Paragraphs 9(1)(b) and (2) and 10 to 12 of Schedule 1 to the Police Reform and Social Responsibility Act 2011 (scrutiny of appointment of chief finance officer) apply in relation to a relevant fire and rescue authority as they apply in relation to a police and crime commissioner, subject to sub-paragraph (2).

(2)As applied by sub-paragraph (1), those paragraphs have effect as if—

(a)the references in paragraph 9 to the relevant police and crime panel (within the meaning of that Act) were to the relevant police and crime panel (within the meaning of this Schedule),

(b)the reference in paragraph 9(1)(b) to the commissioner’s chief finance officer were to the relevant fire and rescue authority’s chief finance officer within the meaning of section 4D of this Act,

(c)the references in paragraphs 10, 11 and 12 to the police and crime panel or a police crime panel were to the relevant police and crime panel, and

(d)paragraph 10(9) defined “relevant post-election period” as the period that—

(i)begins with the day of the poll at an ordinary election under section 50 of the Police Reform and Social Responsibility Act 2011 of the police and crime commissioner for the relevant police area, and

(ii)ends with the day on which the person elected as that police and crime commissioner delivers a declaration of acceptance of office under section 70 of that Act.

(3)In sub-paragraph (2)(d)(i) “the relevant police area” means the police area—

(a)which corresponds to the area of the relevant fire and rescue authority, or

(b)within which the area of the relevant fire and rescue authority falls.

Scrutiny of precepts

12(1)Schedule 5 to the Police Reform and Social Responsibility Act 2011 (issuing precepts) applies in relation to a relevant fire and rescue authority as it applies in relation to a police and crime commissioner, subject to sub-paragraph (2).

(2)As applied by sub-paragraph (1), that Schedule has effect as if references to the relevant police and crime panel (within the meaning of that Act) or to the police and crime panel were to the relevant police and crime panel (within the meaning of this Schedule).

Regulations about complaints and conduct matters

13(1)Schedule 7 to the Police Reform and Social Responsibility Act 2011 (regulations about complaints and conduct matters) applies in relation to a holder of the office of relevant fire and rescue authority as it applies in relation to a holder of the office of police and crime commissioner, subject to sub-paragraph (2).

(2)As applied by sub-paragraph (1), that Schedule has effect as if references to police and crime panels were to relevant police and crime panels.

Part 2Amendments to other Acts

Fire Services Act 1947 (c. 41)

14In section 26 of the Fire Services Act 1947 (firefighters’ pension scheme) (as continued in force by order under section 36 of the Fire and Rescue Services Act 2004) after subsection (5) insert—

(5A)References in this section to employment as a member of a fire brigade or on duties connected with the provision of fire services include employment by the chief constable of the police force for a police area as a result of—

(a)a transfer to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, or

(b)an appointment by the chief constable under section 4I(4) of that Act.

(5B)References in this section to a fire authority include the chief constable of the police force for a police area who employs persons as mentioned in subsection (5A).

Landlord and Tenant Act 1954 (c. 56)

15In section 69(1) of the Landlord and Tenant Act 1954 (interpretation) in the definition of “local authority” for “or a combined authority established under section 103 of that Act” substitute “, a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004”.

Local Government Act 1966 (c. 42)

16In section 11 of the Local Government Act 1966 (grants for certain expenditure due to ethnic minority population) in subsection (2) (bodies to which the section applies) after “This section shall apply to” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

Leasehold Reform Act 1967 (c. 88)

17The Leasehold Reform Act 1967 is amended as follows.

18In section 28 (retention or resumption of land required for public purposes) in subsection (5)(a) (application to local authorities) after “any combined authority established under section 103 of that Act,” insert “any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

19In Schedule 4A (exclusion of certain shared ownership leases) in paragraph 2(2) (leases granted by certain local authorities: bodies to which the exclusion applies) after paragraph (b) insert—

(ba)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;.

Local Government Grants (Social Need) Act 1969 (c. 2)

20In section 1 of the Local Government Grants (Social Need) Act 1969 (grants for special social needs) in subsection (3) (meaning of “local authority”) after “shall also include” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

21In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance: employers to which the exemption applies) after “a combined authority established under section 103 of that Act,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

Local Authorities (Goods and Services) Act 1970 (c. 39)

22In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) in subsection (4) (interpretation) after “any combined authority established under section 103 of that Act,” insert “any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

Local Government Act 1972 (c. 70)

23The Local Government Act 1972 is amended as follows.

24In section 120 (acquisition of land by agreement) after subsection (3A) insert—

(3B)A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 is to be treated as a principal council for the purposes of this section (apart from subsection (1)(b)).

25In section 138C(1) (application of provisions about religious etc observance and involvement with religious etc events) after paragraph (p) insert—

(pa)a fire and rescue authority created by an order under section 4A of that Act, but only for the purposes of section 138B;.

26In section 222 (power of local authority to prosecute or defend legal proceedings) in subsection (2) (application to bodies other than local authorities) after “the Common Council” insert “and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004”.

27In section 223 (appearance of local authorities in legal proceedings) in subsection (2) (application to bodies other than local authorities) after “a combined authority,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

28In section 229 (photographic copies of documents) in subsection (8) (meaning of “local authority”) after “a combined authority,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

29In section 231 (service of notices on local authorities, etc) in subsection (4) (meaning of “local authority”) after “a combined authority,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

30In section 232 (public notices) in subsection (1A) (meaning of “local authority”) after “a combined authority,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

31In section 233 (service of notices by local authorities) in subsection (11) (meaning of “local authority”) after “a combined authority,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

32In section 234 (authentication of documents) in subsection (4) (meaning of “local authority”) after “a combined authority,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

Employment Agencies Act 1973 (c. 35)

33In section 13(7) of the Employment Agencies Act 1973 (activities to which the Act does not apply) after paragraph (fh) insert—

(fi)the exercise by a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 of any of its functions;.

Local Government Act 1974 (c. 7)

34In section 25(1) of the Local Government Act 1974 (authorities subject to investigation) after paragraph (bg) insert—

(bh)a fire and rescue authority created by an order under section 4A of that Act;.

Health and Safety at Work etc Act 1974 (c. 37)

35In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information: meaning of local authority) after “a combined authority established under section 103 of that Act” insert “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

36In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1) in paragraph (a) of the definition of “local authority” after “a combined authority established under section 103 of that Act” insert “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004”.

Rent (Agriculture) Act 1976 (c. 80)

37In section 5(3) of the Rent (Agriculture) Act 1976 (tenancies which are not statutory tenancies) after paragraph (bbb) insert—

(bbc)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;.

Rent Act 1977 (c. 42)

38In section 14(1) of the Rent Act 1977 (tenancies which are not protected tenancies) after paragraph (cc) insert—

(cd)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;.

Protection from Eviction Act 1977 (c. 43)

39In section 3A(8)(a) of the Protection from Eviction Act 1977 (excluded tenancies and licences: licences to occupy local authority etc hostels) after “the Inner London Education Authority,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

Local Government, Planning and Land Act 1980 (c. 65)

40The Local Government, Planning and Land Act 1980 is amended as follows.

41In section 99 (disposal of land at direction of Secretary of State - supplementary) in subsection (4) (authorities who may make representations about directions) after paragraph (dbb) insert—

(dbc)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;.

42In Schedule 16 (bodies to whom Part 10 applies) after paragraph 5BC insert—

5BDA fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.

Acquisition of Land Act 1981 (c. 67)

43In section 17(4) of the Acquisition of Land Act 1981 (local authority and statutory undertakers’ land: interpretation) in paragraph (a) of the definition of “local authority” after “the Common Council of the City of London,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

44The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

45In section 33 (enforceability by local authorities of certain covenants relating to land) in subsection (9)(a) (meaning of “principal council”) after “the London Residuary Body,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

46In section 41 (lost and uncollected property) in subsection (13) (interpretation) in the definition of “local authority” after paragraph (ezb) insert—

(ezc)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;.

47In section 45 (arrangements under Employment and Training Act 1973) in subsection (2) (local authorities to which section applies) after paragraph (c) (but before the “and” at the end of that paragraph) insert—

(ca)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;.

County Courts Act 1984 (c. 28)

48In section 60(3) of the County Courts Act 1984 (right of audience of local authority: interpretation) in the definition of “local authority” after “a combined authority established under section 103 of that Act,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

Housing Act 1985 (c. 68)

49In section 4(1)(e) of the Housing Act 1985 (other descriptions of authority: local authorities) after “a combined authority” in both places insert “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004”.

Landlord and Tenant Act 1985 (c.70)

50In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “local authority” after “a combined authority established under section 103 of that Act” insert “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004”.

Local Government Act 1986 (c. 10)

51The Local Government Act 1986 is amended as follows.

52In section 6(2)(a) (meaning of “local authority” for the purposes of Part 2) after the entry relating to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 insert—

  • a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,.

53In section 9(1)(a) (meaning of “local authority” for the purposes of Part 3) after the entry relating to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 insert—

  • a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,.

Landlord and Tenant Act 1987 (c.31)

54In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) in paragraph (a) (local authorities) after “the Common Council of the City of London,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

Local Government Act 1988 (c. 9)

55In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities) in the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 and other fire and rescue authorities, after “applies” insert “, a fire and rescue authority created by an order under section 4A of that Act”.

Housing Act 1988 (c. 50)

56The Housing Act 1988 is amended as follows.

57In section 74(8) (transfer of land etc to housing action trusts: meaning of “local authority”) after paragraph (fb) insert—

(fc)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;.

58In Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) in paragraph 12(2) (local authority tenancies: meaning of “local authority”) after paragraph (e) insert—

(ea)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;.

Road Traffic Act 1988 (c. 52)

59In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from the requirement for third party insurance) after “the Inner London Education Authority,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

Local Government and Housing Act 1989 (c. 42)

60The Local Government and Housing Act 1989 is amended as follows.

61In section 1(9) (meaning of politically restricted post under a local authority) at the end insert “, and every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.”

62(1)Section 4 (designation and reports of head of paid service) is amended as follows.

(2)In subsection (4) after paragraph (a) insert—

(aa)in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—

(i)which corresponds to the authority’s area, or

(ii)within which the area of the authority falls;.

(3)After subsection (5A) insert—

(5B)It shall be the duty of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 to consider any report under this section by the head of the authority’s paid service and to do so no later than three months after the authority is sent a copy of the report.

(4)In subsection (6)(a) for “and an elected local policing body” substitute “, an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004”.

63(1)Section 5 (designation and reports of monitoring officer) is amended as follows.

(2)In subsection (3) after the second paragraph (a) insert—

(aa)in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—

(i)which corresponds to the authority’s area, or

(ii)within which the area of the authority falls;.

(3)In subsection (5)(a) after sub-paragraph (i) insert—

(ia)in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, no later than three months after the authority is sent a copy of the report;.

(4)In subsection (8)—

(a)in the definition of “chief finance officer” after “Schedule 1 to the Police Reform and Social Responsibility Act 2011” insert “, section 4D(4) of the Fire and Rescue Services Act 2004”, and

(b)in paragraph (a) of the definition of “relevant authority” for “and an elected local policing body” substitute “, an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004”.

64In section 21 (interpretation of Part 1) after subsection (1) insert—

(1A)In section 7 references to a local authority include a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.

(1B)In the application of section 1(1) to a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 by virtue of subsection (1A) the reference to being or remaining a member of a local authority is to be read as a reference to becoming or remaining such an authority.

65In section 152(2) (meaning of “relevant authority” for the purposes of sections 150 and 151) after paragraph (f) insert—

(fa)a fire and rescue authority created by an order under section 4A of that Act;.

66In section 155(4) (emergency financial assistance to local authorities: meaning of “local authority”) after paragraph (h) insert—

(ha)a fire and rescue authority created by an order under section 4A of that Act;.

67Until the coming into force of the repeal of section 67 of the Local Government and Housing Act 1989 (application of provisions about companies in which local authorities have interests) by the Local Government and Public Involvement in Health Act 2007, subsection (3) of that section has effect as if after paragraph (h) there were inserted—

(ha)a fire and rescue authority created by an order under section 4A of that Act;.

Town and Country Planning Act 1990 (c. 8)

68The Town and Country Planning Act 1990 is amended as follows.

69In section 252 (procedures for highways orders) in the definition of “local authority” in subsection (12) after “a combined authority established under section 103 of that Act,” insert “a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,”.

70In Schedule 14 (procedure for footpaths and bridleway orders) in paragraph 1(3) (meaning of “council”) for “or a combined authority established under section 103 of that Act” substitute “, a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004”.

Local Government Finance Act 1992 (c. 14)

71(1)The Local Government Finance Act 1992 is amended as follows.

(2)In section 39(1) (major precepting authorities) after paragraph (da) insert—

(db)a fire and rescue authority created by an order under section 4A of that Act;.

(3)In section 65(3) (duty of relevant authority to consult ratepayers: meaning of “relevant authority”) after “apart from a police and crime commissioner” insert “or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.”.

Local Government (Overseas Assistance) Act 1993 (c. 25)

72In section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance) in subsection (10) (other bodies) after paragraph (a) insert—

(aa)a fire and rescue authority created by an order under section 4A of that Act;.

Deregulation and Contracting Out Act 1994 (c. 40)

73The Deregulation and Contracting Out Act 1994 is amended as follows.

74In section 70(1ZB) (functions of local authorities: application to certain fire and rescue authorities) after “applies” insert “or a fire and rescue authority created by an order under section 4A of that Act”.

75In section 79A (local authorities in England) after paragraph (n) insert—

(na)a fire and rescue authority created by an order under section 4A of that Act;.

Police Act 1996 (c. 16)

76In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales), at the end insert—

(4)Section 4K of the Fire and Rescue Services Act 2004 also imposes a requirement on the Secretary of State to consult the Police Advisory Board for England and Wales.

Crime and Disorder Act 1998 (c. 37)

77The Crime and Disorder Act 1998 is amended as follows.

78In section 5(5) (authorities responsible for strategies: interpretation) in the definition of “fire and rescue authority” after paragraph (a) insert—

(aa)a fire and rescue authority created by an order under section 4A of that Act;.

79In section 17(2) (duty to consider crime and disorder implications: authorities to which duty applies) after the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies insert—

  • a fire and rescue authority created by an order under section 4A of that Act;.

80In section 115(2) (disclosure of information: meaning of relevant authority) after paragraph (i) insert—

(ia)a fire and rescue authority created by an order under section 4A of that Act;.

Freedom of Information Act 2000 (c. 36)

81In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government) after paragraph 14 insert—

14AA fire and rescue authority created by an order under section 4A of that Act.

Police Reform Act 2002 (c. 30)

82In section 38 of the Police Reform Act 2002 (police powers for civilian staff) after subsection (11) insert—

(11A)In the case of a police force maintained for a police area in England in accordance with section 2 of the Police Act 1996, the following are also relevant employees for the purposes of this section—

(a)any member of staff transferred to the chief constable of the police force under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004 (transfer of property, rights and liabilities to chief constable to whom fire functions of a fire and rescue authority may be delegated);

(b)any member of staff appointed by that chief constable under section 4I(4) of that Act (appointment of staff by chief constable to whom fire functions of a fire and rescue authority may be delegated).

Local Government Act 2003 (c. 26)

83(1)The Local Government Act 2003 is amended as follows.

(2)In section 23(1) (local authorities to which the provisions about capital finance etc and accounts apply) after paragraph (m) insert—

(ma)a fire and rescue authority created by an order under section 4A of that Act;.

(3)In section 33(1) (expenditure grant: interpretation) after paragraph (l) insert—

(la)a fire and rescue authority created by an order under section 4A of that Act;.

(4)In section 95(7) (power to trade in function-related activities through a company: interpretation) in the definition of “relevant authority” after paragraph (ab) insert—

(ac)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;.

(5)In section 97(11) (power to modify enactments in connection with charging or trading: interpretation) in the definition of “relevant authority” after paragraph (aa) insert—

(ab)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;.

Local Government and Public Involvement in Health Act 2007 (c. 28)

84In section 104 of the Local Government and Public Involvement in Health Act 2007 (partner authorities) in subsection (5) (meaning of “fire and rescue authority”) after paragraph (a) insert—

(aa)a fire and rescue authority created by an order under section 4A of that Act;.

Equality Act 2010 (c. 15)

85In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) after the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies insert—

  • A fire and rescue authority created by an order under section 4A of that Act.

Police Reform and Social Responsibility Act 2011 (c. 13)

86The Police Reform and Social Responsibility Act 2011 is amended as follows.

87(1)Section 1 (police and crime commissioners) is amended as follows.

(2)In subsection (3) for “The” substitute “Unless subsection (3B) applies, the”.

(3)After subsection (3) insert—

(3A)Subsection (3B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.

(3B)In that case the name of the police and crime commissioner is “the Police, Fire and Crime Commissioner for” with the addition of the name of the police area.

88In section 5 (police and crime commissioner to issue police and crime plan) after subsection (5) insert—

(5A)Subsections (5B) to (5E) apply to a police and crime commissioner for a police area—

(a)which corresponds to the area of a fire and rescue authority created by an order under section 4A, or

(b)within which the area of such a fire and rescue authority falls.

(5B)Subject to subsection (5E), in issuing or varying a police and crime plan, the police and crime commissioner must have regard to—

(a)the current Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004, and

(b)the last document prepared and published by the fire and rescue authority in accordance with that Framework which sets out the authority’s priorities and objectives, for the period covered by the document, in connection with the discharge of the authority’s functions.

(5C)A police and crime plan which the police and crime commissioner is required to prepare may be prepared jointly by the commissioner and the fire and rescue authority.

(5D)If the police and crime commissioner and the fire and rescue authority prepare a joint police and crime plan, the plan must also set out the fire and rescue authority’s priorities and objectives, for the period of the plan, in connection with the discharge of the authority’s functions.

(5E)Subsection (5B)(b) does not apply to a joint police and crime plan.

89In section 28 (police and crime panels outside London) after subsection (1) insert—

(1A)Subsection (1B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.

(1B)The police and crime panel for the police area is to be known as “the Police, Fire and Crime Panel”.

90In section 66 (disqualification from election or holding office as police and crime commissioner: other grounds) after subsection (9) insert—

(10)Subsection (11) applies to the police and crime commissioner for a police area if, by virtue of an order under section 4A of the Fire and Rescue Services Act 2004, the person who is for the time being the commissioner for that area is also the fire rescue authority for an area which corresponds to or falls within the police area.

(11)A person is disqualified from being elected as, or being, that police and crime commissioner if the person is employed by—

(a)a fire and rescue authority within section 1(2) or (3) of the Fire and Rescue Services Act 2004,

(b)a fire and rescue authority constituted by a scheme under section 2 of that Act or a scheme to which section 4 of that Act relates, or

(c)a fire and rescue authority created by an order under section 4A of that Act.

91In Schedule 1 (police and crime commissioners) in paragraph 2 (salary etc) after sub-paragraph (3) insert—

(4)Where the person who is the police and crime commissioner for a police area is also a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a determination under this paragraph in relation to that person may, in particular, take account of the fact that the person also exercises functions as that fire and rescue authority.

92(1)Schedule 6 (police and crime panels) is amended as follows.

(2)In paragraph 4(6) (functions of panels) at the end insert “or by, or by virtue of, the Fire and Rescue Services Act 2004.”

(3)In paragraph 22 (co-opted members of police and crime panels)—

(a)the existing paragraph becomes sub-paragraph (1), and

(b)at the end of that sub-paragraph insert—

(2)Sub-paragraph (3) applies (as well as sub-paragraph (1)) in relation to a police and crime panel for a police area which, under or by virtue of the Fire and Rescue Services Act 2004, exercises functions in relation to a fire and rescue authority.

(3)A person may not be a co-opted member of the panel if the person is—

(a)a member of staff of the fire and rescue authority, or

(b)if an order under section 4H of that Act is in force in relation to that authority, a member of staff of the chief constable of the police force for the police area who has been—

(i)transferred to the chief constable under a scheme made under subsection 4I(1) of that Act, or

(ii)appointed by the chief constable under section 4I(4) of that Act.

(4)In paragraph 27 (exercise of special functions) after sub-paragraph (2) insert—

(3)The references in sub-paragraph (2) to section 28(3) and (4) and Schedule 5 include those provisions as applied in relation to a fire and rescue authority by virtue of Schedule A2 to the Fire and Rescue Services Act 2004.

(5)After paragraph 32 insert—

Duty to produce panel with fire and rescue expertise

32A(1)Sub-paragraph (2) applies in relation to a police and crime panel for a police area if—

(a)a fire and rescue authority is created by an order under section 4A of the Fire and Rescue Services Act 2004, and

(b)the area of the fire and rescue authority is the same as, or falls within, the police area.

(2)Each person listed in sub-paragraph (3)—

(a)must consider whether the person could exercise a function conferred on the person by or by virtue of this Schedule to enable the fire and rescue expertise objective to be met or to contribute to that objective being met, and

(b)if the person considers that the person could exercise such a function to that end, must do so.

(3)Those persons are—

(a)the panel,

(b)a relevant local authority, and

(c)the Secretary of State.

(4)The “fire and rescue expertise objective” referred to in this paragraph is the objective that members of the panel (when taken together) have the skills, knowledge and experience necessary for the panel effectively to discharge its functions in relation to the fire and rescue authority.

93In Schedule 8 (appointment, suspension and removal of senior police officers) in paragraph 2 (no appointment until end of confirmation process)—

(a)in sub-paragraph (1A) for “A person” substitute insert “Subject to sub-paragraph (1AA), a person”, and

(b)after sub-paragraph (1A) insert—

(1AA)Where, under an order under section 4H of the Fire and Rescue Services Act 2004, functions of a fire and rescue authority are delegated to the chief constable of the police force for a police area, a person is eligible for appointment as that chief constable if the person—

(a)has experience at a senior level in the provision of services provided under the Fire and Rescue Services Act 2004, and

(b)has undertaken training in relation to policing matters of a kind that is specified by the College of Policing for the purposes of this paragraph.

Localism Act 2011 (c. 20)

94(1)The Localism Act 2011 is amended as follows.

(2)In section 41(3) (power of fire and rescue authority to appoint officers and employees to be subject to pay policy statement) after “43(1)(i)” insert “or (j)”.

(3)In section 43(1) (meaning of “relevant authority” for purposes of provisions on pay accountability)—

(a)omit the “or” at the end of paragraph (h), and

(b)at the end of paragraph (i) insert , or

(j)in relation only to sections 38, 40 and 41 and this section, a fire and rescue authority created by an order under section 4A of that Act.

Public Service Pensions Act 2013 (c. 25)

95In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service: definitions) in paragraph 6 (fire and rescue workers) for the “or” at end of paragraph (a) substitute—

(aa)the chief constable of the police force for a police area having been—

(i)transferred to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, or

(ii)appointed by the chief constable under section 4I(4) of that Act, or.

Energy Act 2013 (c. 32)

96In Part 3 of Schedule 9 to the Energy Act 2013 (protected information: permitted disclosures and restrictions on use) in paragraph 14(3) (local authorities and water authorities: interpretation) in the definition of “local authority” after paragraph (d) insert—

(da)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;.

Local Audit and Accountability Act 2014 (c. 2)

97(1)The Local Audit and Accountability Act 2014 is amended as follows.

(2)In Schedule 2 (relevant authorities) after paragraph 22 insert—

22AA fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.

(3)In Schedule 7 (reports and recommendations by local auditor) in paragraph 5(7) (duty of certain authorities to consider report or recommendation) for “or the Mayor’s Office for Policing and Crime” substitute “, the Mayor’s Office for Policing and Crime or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004”.

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