Search Legislation

Policing and Crime Act 2017

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Policing and Crime Act 2017. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

SCHEDULES

Section 6

SCHEDULE 1E+W+S+N.I.Provision for police and crime commissioner to be fire and rescue authority

Part 1 E+W+SAmendments to the Fire and Rescue Services Act 2004

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 1 para. 1 in force for certain purposes at Royal Assent, see s. 183

2Before section 1 insert— “ Fire and rescue authorities ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 1 para. 2 in force for certain purposes at Royal Assent, see s. 183

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

(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).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 1 para. 3 in force for certain purposes at Royal Assent, see s. 183

4Before section 2 insert— “ Combined fire and rescue authorities ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 1 para. 4 in force for certain purposes at Royal Assent, see s. 183

5After section 4 insert—E+W

Fire and rescue authority involving police and crime commissionerE+W

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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 1 para. 5 in force for certain purposes at Royal Assent, see s. 183

6Before section 5A insert— “ Powers of certain fire and rescue authorities ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 1 para. 6 in force for certain purposes at Royal Assent, see s. 183

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

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 1 para. 7 in force for certain purposes at Royal Assent, see s. 183

8After section 5L insert—E+W

Interpretation of Part 1E+W

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).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 1 para. 8 in force for certain purposes at Royal Assent, see s. 183

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 1 para. 9 in force for certain purposes at Royal Assent, see s. 183

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

Police and crime planE+W

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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 1 para. 10 in force for certain purposes at Royal Assent, see s. 183

11In section 34 (pensions etc) after subsection (10) insert—E+W+S

(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).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 1 para. 11 in force for certain purposes at Royal Assent, see s. 183

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

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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 1 para. 12 in force for certain purposes at Royal Assent, see s. 183

13Before Schedule 1 insert—E+W

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

Schedule A1E+WProcedure for orders under section 4A

Proposal for order under section 4AE+W

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 proposalE+W

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 proposalE+W

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 StateE+W

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 StateE+W

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.

InterpretationE+W

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 4HE+W

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 A1E+WApplication of legislation relating to police and crime commissioners

IntroductoryE+W

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 communityE+W

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 planE+W

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 publicE+W

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 statementE+W

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 panelsE+W

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 functionsE+W

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 panelsE+W

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 informationE+W

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 authorityE+W

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 officerE+W

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 preceptsE+W

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 mattersE+W

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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I13Sch. 1 para. 13 in force for certain purposes at Royal Assent, see s. 183

Part 2 E+W+S+N.I.Amendments to other Acts

Fire Services Act 1947 (c. 41)E+W+S

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—E+W+S

(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).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I14Sch. 1 para. 14 in force for certain purposes at Royal Assent, see s. 183

Landlord and Tenant Act 1954 (c. 56)E+W

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 ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15Sch. 1 para. 15 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 1966 (c. 42)E+W

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I16Sch. 1 para. 16 in force for certain purposes at Royal Assent, see s. 183

Leasehold Reform Act 1967 (c. 88)E+W

17The Leasehold Reform Act 1967 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I17Sch. 1 para. 17 in force for certain purposes at Royal Assent, see s. 183

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I18Sch. 1 para. 18 in force for certain purposes at Royal Assent, see s. 183

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—E+W

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I19Sch. 1 para. 19 in force for certain purposes at Royal Assent, see s. 183

Local Government Grants (Social Need) Act 1969 (c. 2)E+W+S

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, ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I20Sch. 1 para. 20 in force for certain purposes at Royal Assent, see s. 183

Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)E+W+S

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, ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Sch. 1 para. 21 in force for certain purposes at Royal Assent, see s. 183

Local Authorities (Goods and Services) Act 1970 (c. 39)E+W+S

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, ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Sch. 1 para. 22 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 1972 (c. 70)E+W

23The Local Government Act 1972 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23Sch. 1 para. 23 in force for certain purposes at Royal Assent, see s. 183

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

(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)).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24Sch. 1 para. 24 in force for certain purposes at Royal Assent, see s. 183

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25Sch. 1 para. 25 in force for certain purposes at Royal Assent, see s. 183

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 ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Sch. 1 para. 26 in force for certain purposes at Royal Assent, see s. 183

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Sch. 1 para. 27 in force for certain purposes at Royal Assent, see s. 183

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Sch. 1 para. 28 in force for certain purposes at Royal Assent, see s. 183

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29Sch. 1 para. 29 in force for certain purposes at Royal Assent, see s. 183

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 1 para. 30 in force for certain purposes at Royal Assent, see s. 183

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31Sch. 1 para. 31 in force for certain purposes at Royal Assent, see s. 183

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 1 para. 32 in force for certain purposes at Royal Assent, see s. 183

Employment Agencies Act 1973 (c. 35)E+W+S

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

(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;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 1 para. 33 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 1974 (c. 7)E+W

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 1 para. 34 in force for certain purposes at Royal Assent, see s. 183

Health and Safety at Work etc Act 1974 (c. 37)E+W+S

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 ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 1 para. 35 in force for certain purposes at Royal Assent, see s. 183

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)E+W

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 ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36Sch. 1 para. 36 in force for certain purposes at Royal Assent, see s. 183

Rent (Agriculture) Act 1976 (c. 80)E+W

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 1 para. 37 in force for certain purposes at Royal Assent, see s. 183

Rent Act 1977 (c. 42)E+W

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38Sch. 1 para. 38 in force for certain purposes at Royal Assent, see s. 183

Protection from Eviction Act 1977 (c. 43)E+W

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Sch. 1 para. 39 in force for certain purposes at Royal Assent, see s. 183

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40Sch. 1 para. 40 in force for certain purposes at Royal Assent, see s. 183

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—E+W

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I41Sch. 1 para. 41 in force for certain purposes at Royal Assent, see s. 183

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42Sch. 1 para. 42 in force for certain purposes at Royal Assent, see s. 183

Acquisition of Land Act 1981 (c. 67)E+W

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Sch. 1 para. 43 in force for certain purposes at Royal Assent, see s. 183

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)E+W

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44Sch. 1 para. 44 in force for certain purposes at Royal Assent, see s. 183

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I45Sch. 1 para. 45 in force for certain purposes at Royal Assent, see s. 183

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Sch. 1 para. 46 in force for certain purposes at Royal Assent, see s. 183

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—E+W

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I47Sch. 1 para. 47 in force for certain purposes at Royal Assent, see s. 183

County Courts Act 1984 (c. 28)E+W

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I48Sch. 1 para. 48 in force for certain purposes at Royal Assent, see s. 183

Housing Act 1985 (c. 68)E+W

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 ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I49Sch. 1 para. 49 in force for certain purposes at Royal Assent, see s. 183

Landlord and Tenant Act 1985 (c.70)E+W

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 ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I50Sch. 1 para. 50 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 1986 (c. 10)E+W+S

51The Local Government Act 1986 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I51Sch. 1 para. 51 in force for certain purposes at Royal Assent, see s. 183

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—E+W+S

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52Sch. 1 para. 52 in force for certain purposes at Royal Assent, see s. 183

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—E+W

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53Sch. 1 para. 53 in force for certain purposes at Royal Assent, see s. 183

Landlord and Tenant Act 1987 (c.31)E+W

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 1 para. 54 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 1988 (c. 9)E+W+S

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 ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55Sch. 1 para. 55 in force for certain purposes at Royal Assent, see s. 183

Housing Act 1988 (c. 50)E+W

56The Housing Act 1988 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 1 para. 56 in force for certain purposes at Royal Assent, see s. 183

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57Sch. 1 para. 57 in force for certain purposes at Royal Assent, see s. 183

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—E+W

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58Sch. 1 para. 58 in force for certain purposes at Royal Assent, see s. 183

Road Traffic Act 1988 (c. 52)E+W+S

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, ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I59Sch. 1 para. 59 in force for certain purposes at Royal Assent, see s. 183

Local Government and Housing Act 1989 (c. 42)E+W+S

60The Local Government and Housing Act 1989 is amended as follows.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I60Sch. 1 para. 60 in force for certain purposes at Royal Assent, see s. 183

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. ”E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I61Sch. 1 para. 61 in force for certain purposes at Royal Assent, see s. 183

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

(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 ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I62Sch. 1 para. 62 in force for certain purposes at Royal Assent, see s. 183

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

(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 ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I63Sch. 1 para. 63 in force for certain purposes at Royal Assent, see s. 183

64In section 21 (interpretation of Part 1) after subsection (1) insert—E+W+S

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I64Sch. 1 para. 64 in force for certain purposes at Royal Assent, see s. 183

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I65Sch. 1 para. 65 in force for certain purposes at Royal Assent, see s. 183

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I66Sch. 1 para. 66 in force for certain purposes at Royal Assent, see s. 183

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—E+W

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I67Sch. 1 para. 67 in force for certain purposes at Royal Assent, see s. 183

Town and Country Planning Act 1990 (c. 8)E+W

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I68Sch. 1 para. 68 in force for certain purposes at Royal Assent, see s. 183

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, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I69Sch. 1 para. 69 in force for certain purposes at Royal Assent, see s. 183

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 ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I70Sch. 1 para. 70 in force for certain purposes at Royal Assent, see s. 183

Local Government Finance Act 1992 (c. 14)E+W

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

(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. ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I71Sch. 1 para. 71 in force for certain purposes at Royal Assent, see s. 183

Local Government (Overseas Assistance) Act 1993 (c. 25)E+W+S

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—E+W+S

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I72Sch. 1 para. 72 in force for certain purposes at Royal Assent, see s. 183

Deregulation and Contracting Out Act 1994 (c. 40)E+W+S

73The Deregulation and Contracting Out Act 1994 is amended as follows.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I73Sch. 1 para. 73 in force for certain purposes at Royal Assent, see s. 183

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 ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I74Sch. 1 para. 74 in force for certain purposes at Royal Assent, see s. 183

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I75Sch. 1 para. 75 in force for certain purposes at Royal Assent, see s. 183

Police Act 1996 (c. 16)E+W

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

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I76Sch. 1 para. 76 in force for certain purposes at Royal Assent, see s. 183

Crime and Disorder Act 1998 (c. 37)E+W+S

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I77Sch. 1 para. 77 in force for certain purposes at Royal Assent, see s. 183

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I78Sch. 1 para. 78 in force for certain purposes at Royal Assent, see s. 183

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—E+W

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I79Sch. 1 para. 79 in force for certain purposes at Royal Assent, see s. 183

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I80Sch. 1 para. 80 in force for certain purposes at Royal Assent, see s. 183

Freedom of Information Act 2000 (c. 36)E+W+S+N.I.

81In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government) after paragraph 14 insert—E+W+S+N.I.

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I81Sch. 1 para. 81 in force for certain purposes at Royal Assent, see s. 183

Police Reform Act 2002 (c. 30)E+W

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

(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).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I82Sch. 1 para. 82 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 2003 (c. 26)E+W

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

(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;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I83Sch. 1 para. 83 in force for certain purposes at Royal Assent, see s. 183

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

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—E+W

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I84Sch. 1 para. 84 in force for certain purposes at Royal Assent, see s. 183

Equality Act 2010 (c. 15)E+W+S

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—E+W+S

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I85Sch. 1 para. 85 in force for certain purposes at Royal Assent, see s. 183

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I86Sch. 1 para. 86 in force for certain purposes at Royal Assent, see s. 183

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

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I87Sch. 1 para. 87 in force for certain purposes at Royal Assent, see s. 183

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

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I88Sch. 1 para. 88 in force for certain purposes at Royal Assent, see s. 183

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

(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”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I89Sch. 1 para. 89 in force for certain purposes at Royal Assent, see s. 183

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

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I90Sch. 1 para. 90 in force for certain purposes at Royal Assent, see s. 183

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

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I91Sch. 1 para. 91 in force for certain purposes at Royal Assent, see s. 183

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

(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 expertiseE+W

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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I92Sch. 1 para. 92 in force for certain purposes at Royal Assent, see s. 183

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

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I93Sch. 1 para. 93 in force for certain purposes at Royal Assent, see s. 183

Localism Act 2011 (c. 20)E+W

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

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I94Sch. 1 para. 94 in force for certain purposes at Royal Assent, see s. 183

Public Service Pensions Act 2013 (c. 25)E+W+S+N.I.

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—E+W+S+N.I.

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I95Sch. 1 para. 95 in force for certain purposes at Royal Assent, see s. 183

Energy Act 2013 (c. 32)E+W+S+N.I.

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—E+W+S+N.I.

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I96Sch. 1 para. 96 in force for certain purposes at Royal Assent, see s. 183

Local Audit and Accountability Act 2014 (c. 2)E+W

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

(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 ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I97Sch. 1 para. 97 in force for certain purposes at Royal Assent, see s. 183

Section 9

SCHEDULE 2E+W+S+N.I.The London Fire Commissioner

Part 1 E+WAmendments to the Greater London Authority Act 1999

1The Greater London Authority Act 1999 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I98Sch. 2 para. 1 in force for certain purposes at Royal Assent, see s. 183

2In section 21 (disqualification from being the Mayor or an Assembly member) after subsection (1) insert—E+W

(1A)Subsection (1)(a) does not prevent a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire, from being elected as or being an Assembly member.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I99Sch. 2 para. 2 in force for certain purposes at Royal Assent, see s. 183

3In section 31(1) (limits of the Authority's general power) for paragraph (c) substitute—E+W

(c)the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I100Sch. 2 para. 3 in force for certain purposes at Royal Assent, see s. 183

4(1)Section 45 (the Mayor's periodic report to the Assembly) is amended as follows.E+W

(2)In subsection (6) omit “except as provided by subsection (7) below.”

(3)Omit subsections (7) and (8).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I101Sch. 2 para. 4 in force for certain purposes at Royal Assent, see s. 183

5(1)Section 60A (confirmation hearings etc for certain appointments by the Mayor) is amended as follows.E+W

(2)In subsection (3) (offices to which section 60A applies)—

(a)before the entry for the chairman or deputy chairman of Transport for London insert—

London Fire Commissioner (see section 327A);

person appointed by the Mayor under section 67(1)(b) as the Deputy Mayor for Fire;, and

(b)omit the entry for the chairman of the London Fire and Emergency Planning Authority.

(3)After subsection (4) insert—

(4A)This section also applies in any case where the Mayor proposes to designate as the Deputy Mayor for Fire a person appointed under section 67(1)(b).

(4B)References in section 327H and Schedule 4A to appointment of a person as the Deputy Mayor for Fire (however expressed) include such a designation.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I102Sch. 2 para. 5 in force for certain purposes at Royal Assent, see s. 183

6(1)Section 61 (power to require attendance at Assembly meetings) is amended as follows.E+W

(2)In subsection (11) omit “, except as provided by subsection (12) below,”.

(3)Omit subsections (12) and (13).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I103Sch. 2 para. 6 in force for certain purposes at Royal Assent, see s. 183

7In section 67(1)(b) (power of Mayor to appoint ten members of staff in addition to the Mayor's political advisers) for “ten” substitute “ eleven ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I104Sch. 2 para. 7 in force for certain purposes at Royal Assent, see s. 183

8In section 68 (disqualification and political restriction) after subsection (3) insert—E+W

(3A)Subsections (1) and (2) above do not prevent a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire, from becoming or remaining a member of the Assembly or any other local authority within the meaning of sections 1, 2 and 3A of the Local Government and Housing Act 1989.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I105Sch. 2 para. 8 in force for certain purposes at Royal Assent, see s. 183

9In section 70 (terms and conditions of employment) after subsection (7) insert—E+W

(7A)Subsection (3) does not prevent—

(a)a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or

(b)a person appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire,

from being required to perform any work or services as an Assembly member.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I106Sch. 2 para. 9 in force for certain purposes at Royal Assent, see s. 183

10After Part 6 insert—E+W

Part 6A E+WThe London Fire Commissioner

327AThe London Fire Commissioner

(1)There is to be a London Fire Commissioner.

(2)The London Fire Commissioner is a corporation sole.

(3)The Mayor is to appoint the London Fire Commissioner.

(4)The London Fire Commissioner has—

(a)the functions of the fire and rescue authority for Greater London under the Fire and Rescue Services Act 2004, and

(b)the other functions conferred on the Commissioner by or by virtue of any other enactment.

(5)The London Fire Commissioner must secure that the London Fire and Rescue Service is efficient and effective.

(6)In subsection (5) “the London Fire and Rescue Service” means the personnel, services and equipment secured by the London Fire Commissioner for the purposes of the carrying out of the Commissioner's functions under—

(a)section 6 of the Fire and Rescue Services Act 2004 (fire safety),

(b)section 7 of that Act (fire-fighting),

(c)section 8 of that Act (road traffic accidents),

(d)any order under section 9 of that Act (emergencies) which applies to the Commissioner, or

(e)any other provision of or made under an enactment which confers functions on a fire and rescue authority.

(7)The Mayor must hold the London Fire Commissioner to account for the exercise of the Commissioner's functions.

(8)Schedule 27A makes further provision about the London Fire Commissioner.

327BDisqualification for appointment as London Fire Commissioner

(1)A person may not be appointed as the London Fire Commissioner unless the person has reached the age of 18.

(2)A person is disqualified from being appointed as, or being, the London Fire Commissioner if the person is a member of the Assembly or a London borough council.

(3)A person is disqualified from being appointed as, or being, the London Fire Commissioner if—

(a)the person is the subject of—

(i)a debt relief restrictions order under paragraph 1 of Schedule 4ZB to the Insolvency Act 1986,

(ii)an interim debt relief restrictions order under paragraph 5 of that Schedule,

(iii)a bankruptcy restrictions order under paragraph 1 of Schedule 4A to that Act, or

(iv)a bankruptcy restrictions interim order under paragraph 5 of that Schedule,

(b)a debt relief restrictions undertaking has effect in respect of the person under paragraph 7 of Schedule 4ZB to that Act,

(c)the person has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any imprisonable offence (whether or not sentenced to a term of imprisonment in respect of the offence), or

(d)the person is incapable of being elected as a member of the House of Commons, or is required to vacate a seat in the House of Commons, under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices).

(4)For the purposes of subsection (3)(c) “an imprisonable offence” means an offence—

(a)for which a person who has reached the age of 18 may be sentenced to a term of imprisonment, or

(b)for which, in the case of such a person, the sentence is fixed by law as life imprisonment.

(5)For the purposes of subsection (3)(c) a person is to be treated as having been convicted—

(a)on the expiry of the ordinary period allowed for an appeal or application in respect of the conviction, or

(b)if an appeal or application is made in respect of the conviction, when the appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution.

327CSuspension and removal of London Fire Commissioner

(1)The Mayor may with the approval of the Secretary of State suspend the London Fire Commissioner from duty.

(2)If the Mayor suspends the London Fire Commissioner from duty, the Mayor must notify the Secretary of State of the suspension.

(3)The Mayor may, subject to subsections (5) and (6), and with the approval of the Secretary of State, call upon the London Fire Commissioner to resign or retire.

(4)The London Fire Commissioner must resign or retire if called upon to do so in accordance with subsection (3).

(5)Before calling upon the London Fire Commissioner to resign or retire, the Mayor must—

(a)give the Commissioner a written explanation of the reasons why the Mayor is proposing to call for the Commissioner's resignation or retirement,

(b)give the Commissioner the opportunity to make written representations about the proposal to call for the Commissioner's resignation or retirement, and

(c)consider any written representations made by the Commissioner.

(6)The Mayor must comply with subsection (5) before seeking the approval of the Secretary of State to call upon the London Fire Commissioner to resign or retire.

327DDirections etc by the Mayor

(1)The Mayor may issue to the London Fire Commissioner—

(a)guidance as to the manner in which the Commissioner is to exercise the Commissioner's functions,

(b)general directions as to the manner in which the Commissioner is to exercise the Commissioner's functions, or

(c)specific directions as to the exercise of the Commissioner's functions.

(2)Directions issued by the Mayor under subsection (1)(c) above may include a direction not to exercise a power specified in the direction.

(3)The guidance or directions which may be issued by the Mayor under subsection (1) above include guidance or directions as to the manner in which the London Fire Commissioner—

(a)is to perform any of the Commissioner's duties, or

(b)is to conduct any legal proceedings.

(4)In exercising any power conferred by this section, the Mayor must have regard to—

(a)the Fire and Rescue National Framework, and

(b)fire safety enforcement guidance.

(5)In this section—

  • the Fire and Rescue National Framework” means the Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004;

  • fire safety enforcement guidance” means guidance under article 26 (enforcement) of the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) given by the Secretary of State to the London Fire Commissioner in the Commissioner's capacity as an enforcing authority for the purposes of that Order.

327EDirections to the Mayor by the Secretary of State

(1)This section applies if the Secretary of State thinks that any guidance or directions (“the inconsistent guidance or directions”) issued under section 327D by the Mayor are inconsistent with—

(a)the Fire and Rescue National Framework, or

(b)fire safety enforcement guidance.

(2)In order to remove the inconsistency, the Secretary of State may direct the Mayor—

(a)to make such revisions of the inconsistent guidance or directions as may be specified by the Secretary of State in the direction, or

(b)if the inconsistency arises from a specific direction under section 327D(1)(c) above, to revoke the direction.

(3)Any direction given by the Secretary of State under subsection (2) above must specify or otherwise identify the inconsistency in question.

(4)The Mayor must comply with any direction under subsection (2) above.

(5)In this section “the Fire and Rescue National Framework” and “fire safety enforcement guidance” have the same meanings as in section 327D.

327FThe Deputy Mayor for Fire

(1)The Mayor may arrange for the Deputy Mayor for Fire to exercise any function of the Mayor relating to fire and rescue.

(2)In this Part “the Deputy Mayor for Fire” means—

(a)a person who has been appointed by the Mayor under section 67(1)(b) as the Deputy Mayor for Fire, or

(b)a person who has been appointed by the Mayor under section 67(1)(b) and designated by the Mayor as the Deputy Mayor for Fire.

(3)In subsection (1) the reference to the functions of the Mayor relating to fire and rescue are to the Mayor's functions under—

(a)section 327A(7) (duty to hold London Fire Commissioner to account), and

(b)section 327D(1) (power to give guidance and directions to the London Fire Commissioner).

(4)Section 327E applies in relation to the exercise of functions under section 327D(1) by the Deputy Mayor for Fire as it applies in relation to their exercise by the Mayor.

327GScrutiny of documents prepared by London Fire Commissioner

(1)This section applies to a document which is prepared and published by the London Fire Commissioner in accordance with the Fire and Rescue National Framework and which—

(a)sets out the Commissioner's priorities and objectives, for the period covered by the document, in connection with the discharge of the Commissioner's functions, or

(b)contains a statement of the way in which the Commissioner has had regard, in the period covered by the document, to the Framework and to any document within paragraph (a) prepared by the Commissioner for that period.

(2)The Commissioner must, before publishing the document or any revision to it, send a copy of the document or revision in draft to the Mayor and the Assembly.

(3)The Commissioner may not publish the document or any revision to it unless—

(a)the Assembly has had an opportunity to review the draft document or revision, and make a report on it to the Mayor, under section 327I(1), and

(b)the Mayor has approved the draft document or revision.

(4)In this section “the Fire and Rescue National Framework” has the same meaning as in section 327D.

327HThe Assembly fire and emergency committee

(1)The Assembly must arrange for the functions referred to in subsection (2) to be discharged on its behalf by a particular committee of the Assembly (“the fire and emergency committee”).

(2)Those functions (“the fire and emergency committee functions”) are—

(a)the functions conferred on the Assembly by section 327I, and

(b)the functions conferred on the Assembly by section 60A and Schedule 4A in relation to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire.

(3)The Assembly may not arrange for the fire and emergency committee functions to be discharged on its behalf otherwise than in accordance with subsection (1).

(4)The Assembly may not arrange for any of its other functions to be discharged by the fire and emergency committee.

(5)The special scrutiny functions may only be exercised at a meeting of the whole committee; but that is without prejudice to rules of procedure about the quorum of a meeting of the whole committee.

(6)Any provision made by or by virtue of an enactment which applies to committees of the Assembly, apart from the excluded provisions, applies to the fire and emergency committee as if the fire and emergency committee functions were to be discharged by the committee by virtue of arrangements under section 54(1)(a).

(7)In subsection (6) “the excluded provisions” means—

(a)section 54(5), so far as it provides for the Assembly to retain power to exercise functions delegated to a committee, and

(b)section 55 (Assembly committees and sub-committees).

(8)Any provision made by or by virtue of an enactment which confers, or relates to, the fire and emergency committee functions is to be read with the appropriate modifications; in particular—

(a)references to the Assembly are to be read as references to the fire and emergency committee, and

(b)references to proceedings of the Assembly are to be read as references to proceedings of the fire and emergency committee.

(9)For the purposes of subsection (8), references to the fire and emergency committee include references to a sub-committee or member (if any) by whom functions are to be discharged in accordance with section 54(3).

(10)The following provisions apply to the fire and emergency committee—

(a)the number of members of the committee, and their term of office, are to be fixed by the Assembly;

(b)persons who are not members of the Assembly may be members of the committee.

(11)The following provisions apply to any sub-committee by which fire and emergency committee functions are to be discharged—

(a)the number of members of the sub-committee, and their term of office, are to be fixed by the fire and emergency committee;

(b)persons who are not members of the Assembly may be members of the sub-committee.

(12)The fire and emergency committee functions must be exercised with a view to supporting the effective exercise of the functions of the London Fire Commissioner.

(13)In this section “special scrutiny functions” means the functions conferred—

(a)by section 327I(1), or

(b)by section 60A and Schedule 4A in relation to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire.

327IFunctions to be discharged by the fire and emergency committee

(1)The Assembly must—

(a)review any draft document or revision given to the Assembly by the London Fire Commissioner under section 327G(2), and

(b)make a report or recommendations on the draft document or revision to the Mayor.

(2)The Assembly must keep under review the exercise of the functions of the London Fire Commissioner, insofar as the Assembly is not otherwise required to do so by the other provisions of this section or by Schedule 4A.

(3)For the purposes of subsection (2), the powers of the Assembly include, in particular, power to investigate, and prepare reports about—

(a)any actions and decisions of the London Fire Commissioner,

(b)any actions and decisions of an officer of the London Fire Commissioner,

(c)matters relating to the functions of the London Fire Commissioner,

(d)matters in relation to which the functions of the London Fire Commissioner are exercisable, or

(e)any other matters which the Assembly considers to be of importance to fire and rescue services in Greater London.

(4)The Assembly may investigate, and prepare reports about, the actions and decisions of the Deputy Mayor for Fire.

(5)The Assembly may submit proposals to the London Fire Commissioner.

(6)The Assembly may require a person referred to in subsection (7)—

(a)to attend proceedings of the Assembly for the purpose of giving evidence, or

(b)to produce to the Assembly documents in the person's possession or under the person's control.

(7)Those persons are—

(a)the Deputy Mayor for Fire,

(b)the London Fire Commissioner,

(c)any officer of the London Fire Commissioner,

(d)any person who has within the 8 years prior to the date of the requirement to be imposed under subsection (6) been the Deputy Mayor for Fire or the London Fire Commissioner.

(8)Nothing in subsection (6) requires an officer of the London Fire Commissioner to give any evidence, or produce any document, which discloses advice given to the London Fire Commissioner by that officer.

(9)The following provisions apply (with appropriate modifications) to a requirement under subsection (6) as they apply to a requirement under section 61(1)—

(a)section 61(14) (meaning of document etc);

(b)section 62(3) to (6) (procedure for requiring attendance);

(c)section 63 (restriction of information);

(d)section 64 (failure to attend proceedings);

(e)section 65 (openness).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I107Sch. 2 para. 10 in force for certain purposes at Royal Assent, see s. 183

11(1)Omit Part 7 (the London Fire and Emergency Planning Authority).E+W

(2)The repeal of section 328 in that Part by sub-paragraph (1) does not affect the continued operation of subsections (5) to (7) of that section, and subsection (9) of that section so far as applying to those subsections.

(3)In the application of those subsections by virtue of sub-paragraph (2), references in those subsections to the Fire etc Authority are to be read as references to the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I108Sch. 2 para. 11 in force for certain purposes at Royal Assent, see s. 183

12In section 419(1) (bodies to be treated as local authorities for the purposes of enactments relating to taxation) for paragraph (c) substitute—E+W

(c)the London Fire Commissioner,.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I109Sch. 2 para. 12 in force for certain purposes at Royal Assent, see s. 183

13(1)Section 424(1) (interpretation) is amended as follows.E+W

(2)Omit the definition of “the Fire etc Authority”.

(3)In the definition of “functional body” for paragraph (d) substitute—

(d)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I110Sch. 2 para. 13 in force for certain purposes at Royal Assent, see s. 183

14(1)Schedule 4A (confirmation hearings etc for certain appointments) is amended as follows.E+W

(2)In paragraph 1 after sub-paragraph (7) insert—

(8)Paragraph 9 does not apply in relation to—

(a)the appointment of a person as the London Fire Commissioner, or

(b)the appointment of a person as the Deputy Mayor for Fire under section 67(1)(b),

(but see section 327H).

(9)Paragraph 11 applies to—

(a)the appointment of a person as the London Fire Commissioner, and

(b)the appointment of a person as the Deputy Mayor for Fire under section 67(1)(b) if the candidate is not a member of the Assembly.

(10)Paragraphs 2, 4 and 5 are subject to paragraph 11.

(3)After paragraph 10 insert—

11(1)The Assembly may veto—

(a)the appointment of the candidate as the London Fire Commissioner, or

(b)the appointment of the candidate as the Deputy Mayor for Fire if the candidate is not a member of the Assembly.

(2)The exercise of that power of veto in relation to an appointment is not valid unless the Assembly—

(a)has held a confirmation meeting in relation to the appointment before the exercise of the power; and

(b)notifies the Mayor of the veto within the period of 3 weeks described in paragraph 4(3).

(3)If the Assembly vetoes the appointment of the candidate, the Mayor must not appoint the candidate.

(4)References in this Schedule to the Assembly vetoing the appointment of a candidate are references to the Assembly making a decision, by the required majority, that the candidate should not be appointed—

(a)as the London Fire Commissioner, or

(b)as the Deputy Mayor for Fire.

(5)For that purpose, the Assembly makes that decision by the required majority if at least two-thirds of the votes given in making that decision are votes in favour of making that decision.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I111Sch. 2 para. 14 in force for certain purposes at Royal Assent, see s. 183

15After Schedule 27 insert—E+W

Section 327A

Schedule 27AE+WThe London Fire Commissioner

Appointment and tenure of officeE+W

1(1)The terms and conditions on which the London Fire Commissioner is appointed are to be determined by the Mayor.

(2)A person holds and vacates office as the London Fire Commissioner in accordance with the terms and conditions of the person's appointment.

(3)Sub-paragraph (2) is subject to section 327C (suspension and removal of London Fire Commissioner).

RemunerationE+W

2(1)The person who is the London Fire Commissioner is to be paid such remuneration, allowances and gratuities as may be provided for under the terms and conditions of the Commissioner's appointment.

(2)In sub-paragraph (1) “allowances”, in relation to the London Fire Commissioner, means allowances in respect of expenses incurred by the person in the performance of the Commissioner's functions.

(3)There is to be paid—

(a)a pension to, or in respect of, a person who has been the London Fire Commissioner, or

(b)amounts for or towards the provision of a pension to, or in respect of, such a person,

in accordance with the terms and conditions of the Commissioner's appointment.

(4)Payments under this paragraph are to be made by the London Fire Commissioner.

(5)In determining the London Fire Commissioner's terms and conditions relating to these matters, the Mayor must have regard to the financial resources of the Commissioner.

The Deputy London Fire CommissionerE+W

3(1)The London Fire Commissioner may exercise the power in section 112 of the Local Government Act 1972 (appointment of staff) to appoint a Deputy London Fire Commissioner.

(2)The Deputy London Fire Commissioner may exercise any or all of the powers and duties of the London Fire Commissioner—

(a)during any absence, incapacity or suspension from duty of the Commissioner,

(b)during any vacancy in the office of Commissioner, or

(c)at any other time, with the consent of the Commissioner.

(3)The Deputy London Fire Commissioner may not act under sub-paragraph (2)(a) or (b) for a continuous period of three months or more without the consent of the Mayor.

Damages and costs in legal proceedingsE+W

4(1)The following amounts must be paid by the London Fire Commissioner—

(a)any damages or costs awarded against the Commissioner in any proceedings brought against the Commissioner in respect of the acts or omissions of an officer employed by the Commissioner;

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

(c)any sum required in connection with the settlement of any claim made against the Commissioner in respect of the acts or omissions of an officer employed by the Commissioner, if the settlement is approved by the Mayor.

(2)The London Fire Commissioner may, in such cases and to such extent as appears to the Commissioner to be appropriate, pay—

(a)any damages or costs awarded against an officer employed by the Commissioner in proceedings for any unlawful conduct of that officer,

(b)any costs incurred and not recovered by such an officer in such proceedings, and

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I112Sch. 2 para. 15 in force for certain purposes at Royal Assent, see s. 183

16Omit Schedule 28 (the London Fire and Emergency Planning Authority).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I113Sch. 2 para. 16 in force for certain purposes at Royal Assent, see s. 183

17Omit Schedule 29 (amendments relating to the London Fire and Emergency Planning Authority).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I114Sch. 2 para. 17 in force for certain purposes at Royal Assent, see s. 183

Part 2 E+WAmendments to other Acts

Essex County Council Act 1952 (c. l)E+W

18In section 80 of the Essex County Council Act 1952 (precautions against fire) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I115Sch. 2 para. 18 in force for certain purposes at Royal Assent, see s. 183

Landlord and Tenant Act 1954 (c. 56)E+W

19In section 69(1) of the Landlord and Tenant Act 1954 (interpretation) in the definition of “local authority” for “, the London Fire and Emergency Planning Authority” substitute “ , the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I116Sch. 2 para. 19 in force for certain purposes at Royal Assent, see s. 183

Local Government (Records) Act 1962 (c. 56)E+W

20The Local Government (Records) Act 1962 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I117Sch. 2 para. 20 in force for certain purposes at Royal Assent, see s. 183

21In section 2 (acquisition and deposit of records) in subsection (6) (bodies to which section 2 applies) for “to the London Fire and Emergency Planning Authority,” substitute “ to the London Fire Commissioner, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I118Sch. 2 para. 21 in force for certain purposes at Royal Assent, see s. 183

22In section 8(1) (interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I119Sch. 2 para. 22 in force for certain purposes at Royal Assent, see s. 183

London Government Act 1963 (c. 33)E+W

23The London Government Act 1963 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I120Sch. 2 para. 23 in force for certain purposes at Royal Assent, see s. 183

24In section 5(3) (delegation of functions in Greater London) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I121Sch. 2 para. 24 in force for certain purposes at Royal Assent, see s. 183

25In section 75 (compensation for injury to or death of officers) in subsection (4) (application to London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I122Sch. 2 para. 25 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 1966 (c. 42)E+W

26In 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) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I123Sch. 2 para. 26 in force for certain purposes at Royal Assent, see s. 183

Leasehold Reform Act 1967 (c. 88)E+W

27The Leasehold Reform Act 1967 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I124Sch. 2 para. 27 in force for certain purposes at Royal Assent, see s. 183

28In section 28 (retention or resumption of land required for public purposes) in subsection (5)(a) (application to local authorities) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I125Sch. 2 para. 28 in force for certain purposes at Royal Assent, see s. 183

29In Schedule 4A (exclusion of certain shared ownership leases) in paragraph 2(2) (leases granted by certain local authorities: bodies to which the exclusion applies) for paragraph (bb) substitute—E+W

(bb)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I126Sch. 2 para. 29 in force for certain purposes at Royal Assent, see s. 183

Local Government Grants (Social Need) Act 1969 (c. 2)E+W+S

30In section 1 of the Local Government Grants (Social Need) Act 1969 (grants for special social needs) in subsection (3) (meaning of “local authority”) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I127Sch. 2 para. 30 in force for certain purposes at Royal Assent, see s. 183

Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)E+W+S

31In section 3(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance: employers to which the exemption applies) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I128Sch. 2 para. 31 in force for certain purposes at Royal Assent, see s. 183

Greater London Council (General Powers) Act 1969 (c. lii)E+W

32In section 30(ii) of the Greater London Council (General Powers) Act 1969 (savings for London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I129Sch. 2 para. 32 in force for certain purposes at Royal Assent, see s. 183

Local Authorities (Goods and Services) Act 1970 (c. 39)E+W+S

33In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) in subsection (4) (interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I130Sch. 2 para. 33 in force for certain purposes at Royal Assent, see s. 183

Pensions (Increase) Act 1971 (c. 56)E+W+S

34In Schedule 3 to the Pensions (Increase) Act 1971 (further administrative, incidental and consequential provisions) in paragraph 6(1)(a) (meaning of “local authority”) for sub-paragraph (ib) substitute—E+W+S

(ib)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I131Sch. 2 para. 34 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 1972 (c. 70)E+W

35The Local Government Act 1972 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I132Sch. 2 para. 35 in force for certain purposes at Royal Assent, see s. 183

36In section 70 (restriction on promotion of Bills for changing local government areas etc) for subsection (2) substitute—E+W

(2)Subsection (1) above shall have effect as if the reference to a joint authority included a reference to the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I133Sch. 2 para. 36 in force for certain purposes at Royal Assent, see s. 183

37(1)Section 100J (application of provisions about access to meetings and documents) is amended as follows.E+W

(2)In subsection (1) (bodies to which provisions about access to meetings and documents apply) omit paragraph (bb).

(3)In subsection (2) omit “, (bb)”.

(4)In subsection (3) omit “(bb),”.

(5)Omit subsection (4A).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I134Sch. 2 para. 37 in force for certain purposes at Royal Assent, see s. 183

38(1)Section 101 (arrangements for discharge of functions by local authorities) is amended as follows.E+W

(2)In subsection (13) omit “the London Fire and Emergency Planning Authority,”.

(3)After subsection (13) insert—

(13A)In this section “local authority” includes the London Fire Commissioner; but nothing in this section authorises functions of the Commissioner to be discharged by a committee or sub-committee of the Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I135Sch. 2 para. 38 in force for certain purposes at Royal Assent, see s. 183

39In section 104 (disqualification for membership of committees and joint committees) omit subsection (5) (application to the London Fire and Emergency Planning Authority).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I136Sch. 2 para. 39 in force for certain purposes at Royal Assent, see s. 183

40In section 138 (powers of principal councils with respect to emergencies or disasters) in subsection (5) (power of London Fire and Emergency Planning Authority to incur expenditure in connection with planning by principal councils) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I137Sch. 2 para. 40 in force for certain purposes at Royal Assent, see s. 183

41In section 138C(1) (other authorities to which provisions about prayer and other religious observance apply) for paragraph (d) substitute—E+W

(d)the London Fire Commissioner but only for the purposes of section 138B;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I138Sch. 2 para. 41 in force for certain purposes at Royal Assent, see s. 183

42In section 142 (provision of information etc relating to matters affecting local government) for subsection (4) substitute—E+W

(4)This section shall have effect as if any reference to a local authority included a reference to the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I139Sch. 2 para. 42 in force for certain purposes at Royal Assent, see s. 183

43(1)Section 146A (application of miscellaneous provisions about local authorities to other authorities) is amended as follows.E+W

(2)In subsection (1)—

(a)for “or (1ZE)” substitute “ , (1ZE) or (1ZF) ”, and

(b)for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

(3)In subsection (1ZC) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

(4)After subsection (1ZE) insert—

(1ZF)The London Fire Commissioner is not to be treated as a local authority for the purposes of section 135.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I140Sch. 2 para. 43 in force for certain purposes at Royal Assent, see s. 183

44In section 175 (allowances for attending conferences and meetings) in subsection (3B) (application to the London Fire and Emergency Planning Authority etc) for “the London Fire and Emergency Planning Authority, an economic prosperity board, a combined authority or” substitute “ an economic prosperity board, a combined authority or ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I141Sch. 2 para. 44 in force for certain purposes at Royal Assent, see s. 183

45In section 176 (payment of expenses of official and courtesy visits) in subsection (3) (application to the London Fire and Emergency Planning Authority etc)—E+W

(a)after “board,” insert “ and ”, and

(b)omit “and the London Fire and Emergency Planning Authority”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I142Sch. 2 para. 45 in force for certain purposes at Royal Assent, see s. 183

46In section 222 (power of local authority to prosecute or defend legal proceedings) in subsection (2) (application to the London Fire and Emergency Planning Authority etc) for “and the London Fire and Emergency Planning Authority” substitute “ and the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I143Sch. 2 para. 46 in force for certain purposes at Royal Assent, see s. 183

47For section 244A substitute—E+W

244AApplication of this Part to the London Fire Commissioner

This Part shall have effect as if any reference to a joint authority included a reference to the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I144Sch. 2 para. 47 in force for certain purposes at Royal Assent, see s. 183

Employment Agencies Act 1973 (c. 35)E+W+S

48In section 13(7) of the Employment Agencies Act 1973 (activities to which the Act does not apply) for paragraph (fh) substitute—E+W+S

(fh)the exercise by the London Fire Commissioner of any of the Commissioner's functions;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I145Sch. 2 para. 48 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 1974 (c. 7)E+W

49In section 25(1) of the Local Government Act 1974 (authorities subject to investigation) for paragraph (cza) substitute—E+W

(cza)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I146Sch. 2 para. 49 in force for certain purposes at Royal Assent, see s. 183

Health and Safety at Work etc Act 1974 (c. 37)E+W+S

50In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information: meaning of local authority) for “and the London Fire and Emergency Planning Authority” substitute “ and the London Fire Commissioner ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I147Sch. 2 para. 50 in force for certain purposes at Royal Assent, see s. 183

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)E+W

51In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1) in the definition of “local authority”—E+W

(a)in paragraph (a) for “and the London Fire and Emergency Planning Authority” substitute “ and the London Fire Commissioner ”, and

(b)in paragraph (c) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I148Sch. 2 para. 51 in force for certain purposes at Royal Assent, see s. 183

Rent (Agriculture) Act 1976 (c. 80)E+W

52In section 5(3) of the Rent (Agriculture) Act 1976 (tenancies which are not statutory tenancies) for paragraph (bbb) substitute—E+W

(bbb)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I149Sch. 2 para. 52 in force for certain purposes at Royal Assent, see s. 183

Rent Act 1977 (c. 42)E+W

53In section 14(1) of the Rent Act 1977 (tenancies which are not protected tenancies) for paragraph (cc) substitute—E+W

(cc)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I150Sch. 2 para. 53 in force for certain purposes at Royal Assent, see s. 183

London Hydraulic Power Act 1977 (c. xi)E+W

54In section 3(3)(b) of the London Hydraulic Power Act 1977 (notice of intention to use new pipeline) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I151Sch. 2 para. 54 in force for certain purposes at Royal Assent, see s. 183

Protection from Eviction Act 1977 (c. 43)E+W

55In section 3A(8)(a) of the Protection from Eviction Act 1977 (excluded tenancies and licences: licences to occupy local authority etc hostels) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I152Sch. 2 para. 55 in force for certain purposes at Royal Assent, see s. 183

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

56The Local Government, Planning and Land Act 1980 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I153Sch. 2 para. 56 in force for certain purposes at Royal Assent, see s. 183

57In section 2 (duty of authorities to publish information) in subsection (1) (authorities to which the duty applies) for paragraph (kb) substitute—E+W

(kb)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I154Sch. 2 para. 57 in force for certain purposes at Royal Assent, see s. 183

58In section 98 (disposal of land at direction of Secretary of State) in subsection (8A) (authorities to which provisions as to associated bodies apply) for paragraph (f) substitute—E+W

(f)the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I155Sch. 2 para. 58 in force for certain purposes at Royal Assent, see s. 183

59In section 99 (disposal of land at direction of Secretary of State - supplementary) in subsection (4) (authorities who may make representations about directions) for paragraph (dbb) substitute—E+W

(dbb)the London Fire Commissioner;

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I156Sch. 2 para. 59 in force for certain purposes at Royal Assent, see s. 183

60In section 100 (interpretation and extent of Part 10) in subsection (1)(a) (meaning of “subsidiary”) for “, the London Fire and Emergency Planning Authority” substitute “ , the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I157Sch. 2 para. 60 in force for certain purposes at Royal Assent, see s. 183

61In Schedule 16 (bodies to whom Part 10 applies) for paragraph 5BB substitute—E+W

5BBThe London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I158Sch. 2 para. 61 in force for certain purposes at Royal Assent, see s. 183

Acquisition of Land Act 1981 (c. 67)E+W

62The Acquisition of Land Act 1981 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I159Sch. 2 para. 62 in force for certain purposes at Royal Assent, see s. 183

63In section 7(1) (interpretation) in the definition of “local authority” for paragraph (a1) substitute—E+W

(a1)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I160Sch. 2 para. 63 in force for certain purposes at Royal Assent, see s. 183

64In section 17(4) (local authority and statutory undertakers' land: interpretation) in paragraph (a) of the definition of “local authority” for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I161Sch. 2 para. 64 in force for certain purposes at Royal Assent, see s. 183

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)E+W

65The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I162Sch. 2 para. 65 in force for certain purposes at Royal Assent, see s. 183

66In section 33 (enforceability by local authorities of certain covenants relating to land) in subsection (9)(a) (meaning of “principal council”) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I163Sch. 2 para. 66 in force for certain purposes at Royal Assent, see s. 183

67In section 41 (lost and uncollected property) in subsection (13) (interpretation) in the definition of “local authority” for paragraph (f) substitute—E+W

(f)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I164Sch. 2 para. 67 in force for certain purposes at Royal Assent, see s. 183

68In section 45 (arrangements under Employment and Training Act 1973) in subsection (2) (local authorities to which section applies) for paragraph (d) substitute—E+W

(d)the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I165Sch. 2 para. 68 in force for certain purposes at Royal Assent, see s. 183

County Courts Act 1984 (c. 28)E+W

69In section 60(3) of the County Courts Act 1984 (right of audience of local authority: interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I166Sch. 2 para. 69 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 1985 (c. 51)E+W

70The Local Government Act 1985 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I167Sch. 2 para. 70 in force for certain purposes at Royal Assent, see s. 183

71In section 72 (accounts and audit) in subsection (5) for paragraph (a) substitute—E+W

(a)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I168Sch. 2 para. 71 in force for certain purposes at Royal Assent, see s. 183

72In Schedule 11 (police and fire services) in paragraph 2(4) (references to the Metropolitan Board of Works in the Metropolitan Fire Brigade Act 1985 to be construed as references to the London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I169Sch. 2 para. 72 in force for certain purposes at Royal Assent, see s. 183

Housing Act 1985 (c. 68)E+W

73In section 4(1)(e) of the Housing Act 1985 (other descriptions of authority: local authorities) for “and the London Fire and Emergency Planning Authority” in both places substitute “ and the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I170Sch. 2 para. 73 in force for certain purposes at Royal Assent, see s. 183

Housing Associations Act 1985 (c.69)E+W+S

74In section 106(1) of the Housing Associations Act 1985 (minor definitions - general) in the definition of “local authority”—E+W+S

(a)for “, a combined authority established under section 103 of that Act” substitute “ and a combined authority established under section 103 of that Act ”,

(b)omit “and the London Fire and Emergency Planning Authority”, and

(c)omit “the London Fire and Emergency Planning Authority,” (in the second place).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I171Sch. 2 para. 74 in force for certain purposes at Royal Assent, see s. 183

Landlord and Tenant Act 1985 (c.70)E+W

75In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “local authority” for “and the London Fire and Emergency Planning Authority” substitute “ and the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I172Sch. 2 para. 75 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 1986 (c. 10)E+W+S

76The Local Government Act 1986 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I173Sch. 2 para. 76 in force for certain purposes at Royal Assent, see s. 183

77In section 6(2)(a) (meaning of “local authority” for the purposes of Part 2) for the entry relating to the London Fire and Emergency Planning Authority substitute—E+W+S

the London Fire Commissioner,.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I174Sch. 2 para. 77 in force for certain purposes at Royal Assent, see s. 183

78In section 9(1)(a) (meaning of “local authority” for the purposes of Part 3) for the entry relating to the London Fire and Emergency Planning Authority substitute—E+W

the London Fire Commissioner,.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I175Sch. 2 para. 78 in force for certain purposes at Royal Assent, see s. 183

Landlord and Tenant Act 1987 (c.31)E+W

79In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) in paragraph (a) (local authorities) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I176Sch. 2 para. 79 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 1988 (c. 9)E+W+S

80In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities) for the entry relating to the London Fire and Emergency Planning Authority substitute—E+W+S

The London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I177Sch. 2 para. 80 in force for certain purposes at Royal Assent, see s. 183

Housing Act 1988 (c. 50)E+W

81The Housing Act 1988 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I178Sch. 2 para. 81 in force for certain purposes at Royal Assent, see s. 183

82In section 74(8) (transfer of land etc to housing action trusts: meaning of “local authority”) for paragraph (g) substitute—E+W

(g)the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I179Sch. 2 para. 82 in force for certain purposes at Royal Assent, see s. 183

83In Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) in paragraph 12(2) (local authority tenancies: meaning of “local authority”) for paragraph (ee) substitute—E+W

(ee)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I180Sch. 2 para. 83 in force for certain purposes at Royal Assent, see s. 183

Road Traffic Act 1988 (c. 52)E+W+S

84In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from the requirement for third party insurance) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I181Sch. 2 para. 84 in force for certain purposes at Royal Assent, see s. 183

Local Government and Housing Act 1989 (c. 42)E+W+S

85The Local Government and Housing Act 1989 is amended as follows.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I182Sch. 2 para. 85 in force for certain purposes at Royal Assent, see s. 183

86In section 1(9) (meaning of politically restricted post under a local authority) for “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” (as inserted by paragraph 61 of Schedule 1) substitute “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 and every member of staff of the London Fire Commissioner”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I183Sch. 2 para. 86 in force for certain purposes at Royal Assent, see s. 183

87(1)Section 4 (designation and reports of head of paid service) is amended as follows.E+W+S

(2)In subsection (4) after paragraph (aa) (as inserted by paragraph 62(2) of Schedule 1) insert—

(ab)in the case of the London Fire Commissioner, to the Commissioner;.

(3)After subsection (5B) (as inserted by paragraph 62(3) of Schedule 1) insert—

(5C)It shall be the duty of the London Fire Commissioner to consider any report under this section by the head of the Commissioner's paid service and to do so no later than three months after the Commissioner is sent a copy of the report.

(4)In subsection (6)(a) for “and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” (as inserted by paragraph 62(4) of Schedule 1) substitute “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I184Sch. 2 para. 87 in force for certain purposes at Royal Assent, see s. 183

88(1)Section 5 (designation and reports of monitoring officer) is amended as follows.E+W+S

(2)In subsection (3) after paragraph (aa) (as inserted by paragraph 63(2) of Schedule 1) insert—

(ab)in the case of the London Fire Commissioner, to the Commissioner;.

(3)In subsection (5)(a) after sub-paragraph (ia) (as inserted by paragraph 63(3) of Schedule 1) insert—

(ib)in the case of the London Fire Commissioner, no later than three months after the Commissioner is sent a copy of the report;.

(4)In subsection (8) in paragraph (a) of the definition of “relevant authority” for “and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” (as inserted by paragraph 63(4) of Schedule 1) substitute “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I185Sch. 2 para. 88 in force for certain purposes at Royal Assent, see s. 183

89(1)Section 21 (interpretation of Part 1) is amended as follows.E+W+S

(2)In subsection (1)(i) omit “or the London Fire and Emergency Planning Authority”.

(3)After subsection (1B) (as inserted by paragraph 64 of Schedule 1) insert—

(1C)In the following provisions of this Part references to a local authority include the London Fire Commissioner—

(a)section 7 (all staff to be appointed on merit), and

(b)section 10 (limit on paid leave for local authority duties).

(1D)In the application of section 1(1) to the London Fire Commissioner by virtue of subsection (1C) the reference to being or remaining a member of a local authority is to be read as a reference to becoming or remaining the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I186Sch. 2 para. 89 in force for certain purposes at Royal Assent, see s. 183

90In section 152(2) (meaning of “relevant authority” for the purposes of sections 150 and 151) for paragraph (n) substitute—E+W+S

(n)the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I187Sch. 2 para. 90 in force for certain purposes at Royal Assent, see s. 183

91In section 155(1A) (emergency financial assistance to local authorities: expenditure treated as incurred by Greater London Authority) for paragraph (a) substitute—E+W+S

(a)the London Fire Commissioner,.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I188Sch. 2 para. 91 in force for certain purposes at Royal Assent, see s. 183

Town and Country Planning Act 1990 (c. 8)E+W

92The Town and Country Planning Act 1990 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I189Sch. 2 para. 92 in force for certain purposes at Royal Assent, see s. 183

93In section 252 (procedures for highways orders) in the definition of “local authority” in subsection (12) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I190Sch. 2 para. 93 in force for certain purposes at Royal Assent, see s. 183

94In section 336(1) (interpretation) in the definition of “local authority” for paragraph (ab) substitute—E+W

(ab)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I191Sch. 2 para. 94 in force for certain purposes at Royal Assent, see s. 183

95In Schedule 14 (procedure for footpaths and bridleways orders) in paragraph 1(3) (meaning of “council” in provisions about notices) for “, the London Fire and Emergency Planning Authority,” substitute “ , the London Fire Commissioner, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I192Sch. 2 para. 95 in force for certain purposes at Royal Assent, see s. 183

London Local Authorities Act 1991 (c. xiii)E+W

96The London Local Authorities Act 1991 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I193Sch. 2 para. 96 in force for certain purposes at Royal Assent, see s. 183

97In section 7 (licensing of special treatment premises: duty to notify London Fire and Emergency Planning Authority of application) for “the London Fire and Emergency Planning Authority” in each place substitute “ the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I194Sch. 2 para. 97 in force for certain purposes at Royal Assent, see s. 183

98In section 15(1) (powers of entry) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I195Sch. 2 para. 98 in force for certain purposes at Royal Assent, see s. 183

Local Government (Overseas Assistance) Act 1993 (c. 25)E+W+S

99In section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance) in subsection (10) (other bodies) for paragraph (dd) substitute—E+W+S

(dd)the London Fire Commissioner;

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I196Sch. 2 para. 99 in force for certain purposes at Royal Assent, see s. 183

London Local Authorities Act 1995 (c. x)E+W

100In section 2 of the London Local Authorities Act 1995 (interpretation) in paragraph (b) of the definition of “the fire and rescue authority” for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I197Sch. 2 para. 100 in force for certain purposes at Royal Assent, see s. 183

Housing Grants, Construction and Regeneration Act 1996 (c. 53)E+W

101In section 3(2) of the Housing Grants, Construction and Regeneration Act 1996 (persons ineligible for grant) for paragraph (k) substitute—E+W

(k)the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I198Sch. 2 para. 101 in force for certain purposes at Royal Assent, see s. 183

Channel Tunnel Rail Link Act 1996 (c. 61)E+W

102In Schedule 3 to the Channel Tunnel Rail Link Act 1996 (highways) in paragraph 2(11) (definition of local authority) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I199Sch. 2 para. 102 in force for certain purposes at Royal Assent, see s. 183

Crime and Disorder Act 1998 (c. 37)E+W+S

103The Crime and Disorder Act 1998 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I200Sch. 2 para. 103 in force for certain purposes at Royal Assent, see s. 183

104In section 5(5) (authorities responsible for strategies: interpretation) in the definition of “fire and rescue authority” for paragraph (c) substitute—E+W

(c)the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I201Sch. 2 para. 104 in force for certain purposes at Royal Assent, see s. 183

105In section 17(2) (duty to consider crime and disorder implications: authorities to which duty applies) for the entry relating to the London Fire and Emergency Planning Authority substitute—E+W

the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I202Sch. 2 para. 105 in force for certain purposes at Royal Assent, see s. 183

106In section 115(2) (disclosure of information: meaning of relevant authority) for paragraph (h) substitute—E+W+S

(h)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I203Sch. 2 para. 106 in force for certain purposes at Royal Assent, see s. 183

Local Government Act 1999 (c. 27)E+W

107In section 1(1) of the Local Government Act 1999 (best value authorities) for paragraph (f) substitute—E+W

(f)the London Fire Commissioner;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I204Sch. 2 para. 107 in force for certain purposes at Royal Assent, see s. 183

Freedom of Information Act 2000 (c. 36)E+W+S+N.I.

108In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government) for paragraph 20 substitute—E+W+S+N.I.

20The London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I205Sch. 2 para. 108 in force for certain purposes at Royal Assent, see s. 183

Courts Act 2003 (c. 39)E+W

109(1)Section 41 of the Courts Act 2003 (disqualification of lay justices who are members of local authorities) is amended as follows.E+W

(2)In subsection (6) for paragraph (d) substitute—

(d)the London Fire Commissioner,.

(3)After subsection (6) insert—

(7)In the application of this section to the London Fire Commissioner, the reference in subsection (1) to a member of the local authority is to the person who is for the time being the Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I206Sch. 2 para. 109 in force for certain purposes at Royal Assent, see s. 183

Fire and Rescue Services Act 2004 (c. 21)E+W

110The Fire and Rescue Services Act 2004 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I207Sch. 2 para. 110 in force for certain purposes at Royal Assent, see s. 183

111In section 1(2) (fire and rescue authorities in England) in paragraph (c) for “London Fire and Emergency Planning Authority” substitute “ London Fire Commissioner ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I208Sch. 2 para. 111 in force for certain purposes at Royal Assent, see s. 183

112In section 5A(3) (powers of certain fire and rescue authorities: authorities to which the section applies) for paragraph (b) substitute—E+W

(b)the London Fire Commissioner,.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I209Sch. 2 para. 112 in force for certain purposes at Royal Assent, see s. 183

113In section 5B (boundaries of power under section 5A) after subsection (5) insert—E+W

(5A)Section 5A(1) does not authorise the London Fire Commissioner to enter into a contract to which this subsection applies without the consent of the Mayor of London.

(5B)Subsection (5A) applies to a contract if—

(a)the Mayor of London has notified the London Fire Commissioner that the Commissioner requires the Mayor's consent before entering into a contract of a kind specified in the notification, and

(b)the contract is of that kind.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I210Sch. 2 para. 113 in force for certain purposes at Royal Assent, see s. 183

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

114In section 104 of the Local Government and Public Involvement in Health Act 2007 (partner authorities) in subsection (5) (meaning of “fire and rescue authority”) for paragraph (c) substitute—E+W

(c)the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I211Sch. 2 para. 114 in force for certain purposes at Royal Assent, see s. 183

Crossrail Act 2008 (c. 18)E+W

115In Schedule 3 to the Crossrail Act 2008 (stopping-up of highways) in paragraph 2(11) (local authorities which must be notified of proposed stopping-up) for paragraph (c) substitute—E+W

(c)the London Fire Commissioner,.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I212Sch. 2 para. 115 in force for certain purposes at Royal Assent, see s. 183

Equality Act 2010 (c. 15)E+W+S

116In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) for the entry relating to the London Fire and Emergency Planning Authority substitute—E+W+S

The London Fire Commissioner,.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I213Sch. 2 para. 116 in force for certain purposes at Royal Assent, see s. 183

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

117In section 66 of the Police Reform and Social Responsibility Act 2011 (disqualification from election or holding office as police and crime commissioner: other grounds) after subsection (11) (as inserted by paragraph 90 of Schedule 1) insert—E+W

(12)A person is disqualified from being elected as, or being, police and crime commissioner if the person—

(a)is the London Fire Commissioner, or

(b)is a member of the staff of the London Fire Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I214Sch. 2 para. 117 in force for certain purposes at Royal Assent, see s. 183

Localism Act 2011 (c. 20)E+W

118The Localism Act 2011 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I215Sch. 2 para. 118 in force for certain purposes at Royal Assent, see s. 183

119In section 27 (duty to promote and maintain high standards of conduct) in subsection (6) (meaning of “relevant authority”) omit paragraph (g) (the London Fire and Emergency Planning Authority).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I216Sch. 2 para. 119 in force for certain purposes at Royal Assent, see s. 183

120In section 43(1) (meaning of “relevant authority” for purposes of provisions on pay accountability) for paragraph (g) substitute—E+W

(g)in relation only to sections 38, 40 and 41 and this section, the London Fire Commissioner,.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I217Sch. 2 para. 120 in force for certain purposes at Royal Assent, see s. 183

Energy Act 2013 (c. 32)E+W+S+N.I.

121In 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” for paragraph (e) substitute—E+W+S+N.I.

(e)the London Fire Commissioner,.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I218Sch. 2 para. 121 in force for certain purposes at Royal Assent, see s. 183

Local Audit and Accountability Act 2014 (c. 2)E+W

122(1)The Local Audit and Accountability Act 2014 is amended as follows.E+W

(2)In section 40 (access to local government meetings and documents) in subsection (6) (bodies to which provisions apply) for paragraph (f) substitute—

(f)the London Fire Commissioner,.

(3)In Schedule 7 (reports and recommendations by local auditor) in paragraph 5(7) (duty of certain authorities to consider report or recommendation) (as amended by paragraph 97 of Schedule 1) for “or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” substitute “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 or the London Fire Commissioner ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I219Sch. 2 para. 122 in force for certain purposes at Royal Assent, see s. 183

Consequential repealsE+W

123In consequence of the amendments made by this Schedule the following provisions are repealed—E+W

(a)sections 25, 26 and 27 of the Greater London Authority Act 2007;

(b)paragraph 8(6) of Schedule 3 to the Local Government and Public Involvement in Health Act 2007.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I220Sch. 2 para. 123 in force for certain purposes at Royal Assent, see s. 183

Section 11

SCHEDULE 3E+WSchedule to be inserted as Schedule A3 to the Fire and Rescue Services Act 2004

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I221Sch. 3 in force at Royal Assent for certain purposes, see s. 183

Section 28

Schedule A3E+WEnglish Inspectors

InterpretationE+W

1(1)This paragraph applies for the purposes of this Schedule.

(2)References to an English inspector are to an inspector appointed under section 28(A1).

(3)References to the inspection function are to the function conferred on the English inspectors by section 28(A3).

(4)References to a person providing services to a fire and rescue authority are to a person providing services, in pursuance of contractual arrangements (but without being employed by a fire and rescue authority), to assist the fire and rescue authority in relation to the exercise of its functions.

(5)Public authority” includes any person certain of whose functions are functions of a public nature.

DelegationE+W

2An English inspector may arrange for the inspection function to be exercised (to such extent as the inspector may determine) by another public authority on behalf of the inspector.

Working with Her Majesty's Inspectors of ConstabularyE+W

3An English inspector, when exercising the inspection function, must co-operate with Her Majesty's Inspectors of Constabulary.

4An English inspector may act jointly with Her Majesty's Inspectors of Constabulary where it is appropriate to do so for the efficient and effective exercise of the inspection function.

Assistance for other public authoritiesE+W

5(1)The chief fire and rescue inspector for England may, if he or she thinks it appropriate to do so, provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.

(2)The chief fire and rescue inspector for England may do anything he or she thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).

(3)Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief fire and rescue inspector for England thinks fit.

Powers of English inspectors to obtain information etcE+W

6(1)An English inspector may serve on a relevant person a notice requiring the person—

(a)to provide the inspector with any information or documents that the inspector reasonably requires for the purpose of the exercise of the inspection function;

(b)to produce or deliver up to the inspector any evidence or other things that the inspector reasonably requires for that purpose.

This is subject to sub-paragraphs (6) to (8).

(2)In sub-paragraph (1), “relevant person” means—

(a)a fire and rescue authority in England;

(b)an employee of a fire and rescue authority in England;

(c)a person providing services to a fire and rescue authority in England;

(d)an employee of a person providing services to a fire and rescue authority in England;

(e)any other person who is, by virtue of any enactment, carrying out any of the activities of a fire and rescue authority in England.

(3)A notice under this paragraph must—

(a)specify or describe the information, documents, evidence or other things that are required by the inspector;

(b)specify the period within which the information, documents, evidence or other things must be provided, produced or delivered up.

(4)A notice under this paragraph may specify the form and manner in which any information, documents, evidence or other things are to be provided, produced or delivered up.

(5)An English inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

(6)A notice under this paragraph must not be used to obtain information, or any document or other thing, from a person if—

(a)the information, or the document or other thing, was obtained by that person (directly or indirectly) from a body or other entity mentioned in sub-paragraph (7), or

(b)the information, or the document or other thing, relates to a body or other entity mentioned in that sub-paragraph.

(7)The bodies and other entities referred to in sub-paragraph (6) are—

(a)the Security Service,

(b)the Secret Intelligence Service,

(c)the Government Communications Headquarters, or

(d)any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities.

(8)A notice under this paragraph must not require a person—

(a)to provide information that might incriminate the person;

(b)to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act).

(9)In this paragraph—

  • document” means anything in which information of any description is recorded;

  • English inspector” includes—

    (a)

    a person appointed under section 28(A5) as an assistant inspector or other officer;

    (b)

    a person authorised by an English inspector to act on behalf of the inspector for the purposes of this paragraph.

Powers of English inspectors to obtain access to premisesE+W

7(1)An English inspector may serve on a person a notice requiring the person to allow the inspector access, which the inspector reasonably requires for the purpose of the exercise of the inspection function, to—

(a)premises that are occupied (wholly or partly) for the purposes of —

(i)a fire and rescue authority in England,

(ii)a person providing services to a fire and rescue authority in England, or

(iii)any other person who is, by virtue of any enactment, carrying out any of the activities of a fire and rescue authority in England, and

(b)documents and other things on those premises.

(2)A notice under this paragraph must—

(a)specify or describe the premises to which the inspector requires access;

(b)specify the time when access is required (which may be immediately after the service of the notice).

(3)Where there are reasonable grounds for not allowing the inspector to have access to the premises at the time specified under sub-paragraph (2)(b), the requirement under this paragraph has effect as a requirement to secure that access is allowed to the inspector at the earliest practicable time specified by the inspector after there cease to be such grounds.

(4)An English inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

(5)In this paragraph “document” and “English inspector” have the same meanings as in paragraph 6 (and, for that purpose, the reference in paragraph (b) of the definition of “English inspector” in paragraph 6(9) to paragraph 6 is to be read as a reference to this paragraph).

Failure to comply with notice under paragraph 6 or 7E+W

8(1)If a person who has received a notice under paragraph 6 or 7—

(a)fails or refuses without reasonable excuse to do what is required by the notice, or

(b)(in the case of a notice under paragraph 6) knowingly or recklessly provides information in response to the notice that is false in a material respect,

the chief fire and rescue inspector for England may certify in writing to the High Court that the person has failed to comply with the notice.

(2)The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court.

Sensitive information: restriction on further disclosureE+W

9(1)Where an English inspector, in exercise of the inspection function, receives information within sub-paragraph (2), the inspector must not disclose the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.

(2)The information is—

(a)intelligence service information;

(b)information obtained from a government department which, at the time it is provided to the inspector, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—

(i)cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or

(ii)jeopardise the safety of any person.

(3)Where an English inspector discloses to another person information within sub-paragraph (2) that the inspector received in exercise of the inspection function, or the fact that the inspector has received such information in exercise of the inspection function, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.

(4)A prohibition on disclosure in sub-paragraph (1) or (3) does not apply to disclosure by one English inspector to another.

(5)In this paragraph—

  • English inspector” includes—

    (a)

    a person appointed under section 28(A5) as an assistant inspector or other officer;

    (b)

    a person authorised by an English inspector to act on behalf of the inspector for the purposes of paragraph 6 or 7;

  • government department” means a department of Her Majesty's Government but does not include—

    (a)

    the Security Service,

    (b)

    the Secret Intelligence Service, or

    (c)

    the Government Communications Headquarters (“GCHQ”);

  • intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—

    (a)

    the Security Service,

    (b)

    the Secret Intelligence Service,

    (c)

    GCHQ, or

    (d)

    any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities;

  • Minister of the Crown” includes the Treasury;

  • relevant authority” means—

    (a)

    in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;

    (b)

    in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;

    (c)

    in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;

    (d)

    in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty's forces or the Ministry of Defence, the Secretary of State;

    (e)

    in the case of information within sub-paragraph (2)(b)—

    (i)

    the Secretary of State, or

    (ii)

    the Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State).

Provision of intelligence service information to English inspectorsE+W

10(1)A person who provides information that is intelligence service information to an English inspector exercising the inspection function must—

(a)make the inspector aware that the information is intelligence service information, and

(b)provide the inspector with such additional information as will enable the inspector to identify the relevant authority in relation to the information.

(2)In this paragraph, “English inspector”, “intelligence service information” and “relevant authority” have the same meaning as in paragraph 9.

Section 14

SCHEDULE 4E+WAmendments consequential on the amended definition of police complaint

1The Police Reform Act 2002 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I222Sch. 4 para. 1 in force for certain purposes at Royal Assent, see s. 183

2In section 10 (general functions of the Independent Police Complaints Commission), in subsection (2)—E+W

(a)in paragraph (a), for “made about the conduct of persons serving with the police” substitute “ (within the meaning given by section 12) ”;

(b)in paragraph (b), for “such persons” substitute “ persons serving with the police ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I223Sch. 4 para. 2 in force for certain purposes at Royal Assent, see s. 183

3(1)Section 16 (payment for assistance with investigations) is amended as follows.E+W

(2)In subsection (2)(a)—

(a)before sub-paragraph (i) insert—

(ai)an investigation of a complaint where the complainant expressed dissatisfaction with the other force,;

(b)in sub-paragraph (i), after “investigation” insert “ of a recordable conduct matter ”.

(3)In subsection (2)(b)—

(a)before sub-paragraph (i) insert—

(ai)an investigation of a complaint where the complainant expressed dissatisfaction with a force other than that force,;

(b)in sub-paragraph (i), after “investigation” insert “ of a recordable conduct matter ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I224Sch. 4 para. 3 in force for certain purposes at Royal Assent, see s. 183

4In section 21 (duty to provide information for other persons), in subsection (2), in the words before paragraph (a), for “complaint or” substitute “ complaint that relates to conduct of a person serving with the police or a ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I225Sch. 4 para. 4 in force for certain purposes at Royal Assent, see s. 183

5In section 23 (regulations), in subsection (2)(a), in the words before sub-paragraph (i), for “against any person” substitute “ that relates to conduct of a person serving with the police ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I226Sch. 4 para. 5 in force for certain purposes at Royal Assent, see s. 183

6(1)Section 29 (interpretation of Part 2) is amended as follows.E+W

(2)In subsection (1), in the definition of “appropriate authority”—

(a)omit “and” at the end of paragraph (a);

(b)after paragraph (a) insert—

(aa)in relation to any other complaint, means the chief officer of the police force with which dissatisfaction is expressed by the complainant; and;

(3)In subsection (1), in the definition of “person complained against”, after “a complaint” insert “ that relates to conduct of a person serving with the police ”.

(4)In subsection (2), for paragraphs (a) and (b) substitute—

(a)to the person by whom the complaint or purported complaint was made, or

(b)in a case where the complaint or purported complaint was made on behalf of someone else, to the person on whose behalf it was made;.

(5)After subsection (4) insert—

(4A)In this Part references, in relation to anything purporting to be a complaint other than a complaint about any conduct, to a member of the public include references to any person falling within subsection (3)(a) to (d) other than a person who is—

(a)a member of the police force with which dissatisfaction is expressed,

(b)a civilian employee of that police force,

(c)a special constable who is under the direction and control of the chief officer of that police force, or

(d)where dissatisfaction is expressed with the City of London police force, an employee of the Common Council of the City of London who is under the direction and control of the chief officer of that force.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I227Sch. 4 para. 6 in force for certain purposes at Royal Assent, see s. 183

7(1)Part 1 of Schedule 3 (handling of complaints) is amended as follows.E+W

(2)In paragraph 1(6), omit “any conduct that is”.

(3)In paragraph 4(1)(a), after “conduct” insert “ or other matter ”.

(4)In paragraph 4(6)(b), at the end insert “ (if any) ”.

(5)In paragraph 5(3)(b), at the end insert “ (if any) ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I228Sch. 4 para. 7 in force for certain purposes at Royal Assent, see s. 183

8(1)Part 3 of Schedule 3 (investigations and subsequent proceedings) is amended as follows.E+W

(2)In paragraph 23(2A), after “a person” insert “ (if any) ”.

(3)In paragraph 24(2A), after “a person” insert “ (if any) ”.

(4)In paragraph 25(10)(d), at the end insert “ (if any) ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I229Sch. 4 para. 8 in force for certain purposes at Royal Assent, see s. 183

Section 16

SCHEDULE 5E+W+S+N.I.Complaints, conduct matters and DSI matters: procedure

Part 1 E+WRecording and reference of complaints

1Part 1 of Schedule 3 to the Police Reform Act 2002 (handling of complaints) is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I230Sch. 5 para. 1 in force for certain purposes at Royal Assent, see s. 183

2(1)Paragraph 2 (initial handling and recording of complaints) is amended as follows.E+W

(2)In sub-paragraph (6), in the words following paragraph (c), for “record the complaint” substitute “ contact the complainant and seek the complainant's views on how the complaint should be handled ”.

(3)After sub-paragraph (6) insert—

(6A)A local policing body or chief officer that is subject to the duty in sub-paragraph (6) in relation to a complaint must record the complaint if—

(a)at any time the complainant indicates a wish for the complaint to be recorded, or

(b)the local policing body or chief officer determines that the complaint is to be handled in accordance with this Schedule.

(6B)The local policing body or chief officer must determine that a complaint is to be handled in accordance with this Schedule if—

(a)the complaint is one alleging that the conduct or other matter complained of has resulted in death or serious injury,

(b)the complaint is one alleging that there has been conduct by a person serving with the police which (if proved) might constitute the commission of a criminal offence or justify the bringing of disciplinary proceedings,

(c)the conduct or other matter complained of (if proved) might have involved the infringement of a person's rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998), or

(d)the complaint is of a description specified for the purposes of paragraph 4(1)(b) in regulations made by the Secretary of State.

(6C)Where a local policing body or chief officer determines (for the purposes of sub-paragraph (6A)) that a complaint is to be handled otherwise than in accordance with this Schedule, the local policing body or chief officer must handle the complaint in such other manner as the local policing body or chief officer considers appropriate with a view to resolving the complaint to the complainant's satisfaction.

(The duty in this sub-paragraph ceases to apply if the complaint is recorded in accordance with sub-paragraph (6A)(a).)

(6D)Where a local policing body or chief officer records a complaint under sub-paragraph (6A), or determines that a complaint is to be handled otherwise than in accordance with this Schedule, the local policing body or chief officer must notify the complainant of the recording of the complaint or (as the case may be) of the determination.

(4)For sub-paragraph (7) substitute—

(7)Nothing in this paragraph shall require the taking of any action in relation to a complaint if the complaint has been withdrawn.

(5)Omit sub-paragraph (8).

(6)At the end insert—

(9)If a local policing body or chief officer decides that it or (as the case may be) he is not required to comply with any of sub-paragraphs (2), (3) and (6) to (6C) on the basis of a determination that what purports to be a complaint is not a complaint, the local policing body or chief officer must notify the complainant of the determination and the grounds on which it was made.

(10)If a local policing body or chief officer determines that part of what has been received (whether directly or by virtue of a notification under this paragraph) is a complaint and part is not, the local policing body or chief officer must proceed under this paragraph as if those two parts had been separately received.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I231Sch. 5 para. 2 in force for certain purposes at Royal Assent, see s. 183

3Omit paragraph 3 (failures to notify or record a complaint) and the italic heading before that paragraph.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I232Sch. 5 para. 3 in force for certain purposes at Royal Assent, see s. 183

4(1)Paragraph 4 (reference of complaints to the Commission) is amended as follows.E+W

(2)In sub-paragraph (6)(b), for “a possible future investigation of the complaint” substitute “ an investigation of the complaint (whether an existing investigation or a possible future one) ”.

(3)After sub-paragraph (6) insert—

(6A)A local policing body which refers a complaint to the Commission under sub-paragraph (3) shall also give a notification of the making of the reference to the appropriate authority.

(4)Omit sub-paragraph (8).

(5)At the end insert—

(9)The appropriate authority must record any complaint that is referred to the Commission under this paragraph that has not already been recorded.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I233Sch. 5 para. 4 in force for certain purposes at Royal Assent, see s. 183

Part 2 E+WHandling of complaints

5Part 1 of Schedule 3 to the Police Reform Act 2002 (handling of complaints) is further amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I234Sch. 5 para. 5 in force for certain purposes at Royal Assent, see s. 183

6(1)Paragraph 6 (handling of complaints by the appropriate authority) is amended as follows.E+W

(2)In sub-paragraph (2), omit the “or” at the end of paragraph (a) and omit paragraph (b).

(3)After sub-paragraph (2) insert—

(2A)The appropriate authority must handle the complaint in such reasonable and proportionate manner as the authority determines.

(2B)An appropriate authority may handle a complaint in accordance with sub-paragraph (2A) by (amongst other things)—

(a)making arrangements for the complaint to be investigated by the authority on its own behalf;

(b)notifying the complainant that no further action is to be taken in relation to the complaint.

(2C)The appropriate authority must comply with its duty under sub-paragraph (2A) by making arrangements for the complaint to be investigated by the authority on its own behalf if at any time it appears to the authority from the complaint, or from the authority's handling of the complaint to that point, that there is an indication that—

(a)a person serving with the police may have committed a criminal offence or behaved in a manner that would justify the bringing of disciplinary proceedings, or

(b)there may have been the infringement of a person's rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998).

(2D)The Secretary of State may by regulations provide for the duty in sub-paragraph (2C) to be subject to exceptions.

(2E)A statement made by any person for the purposes of the handling of any complaint in accordance with sub-paragraph (2A) otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf is not admissible in any subsequent criminal, civil or disciplinary proceedings except to the extent that it consists of an admission relating to a matter that has not been subjected to such handling.

(4)Omit sub-paragraphs (3) to (11).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I235Sch. 5 para. 1 in force for certain purposes at Royal Assent, see s. 183

7Omit paragraph 7 (disapplication of requirements of Schedule) and the italic heading before that paragraph.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I236Sch. 5 para. 7 in force for certain purposes at Royal Assent, see s. 183

8Omit paragraph 8 (local resolution of complaints) and the italic heading before that paragraph.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I237Sch. 5 para. 8 in force for certain purposes at Royal Assent, see s. 183

Part 3 E+WInvestigations and subsequent proceedings

9Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc) is further amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I238Sch. 5 para. 9 in force for certain purposes at Royal Assent, see s. 183

10(1)Paragraph 5 (duties of Commission on references under paragraph 4: complaints) is amended as follows.E+W

(2)After sub-paragraph (1) insert—

(1A)The Secretary of State may by regulations provide that the Commission must determine that it is necessary for complaints referred to it that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

(1B)Regulations under sub-paragraph (1A) may provide that the duty on the Commission applies only in relation to complaints relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

(1C)Regulations under sub-paragraph (1A) may also provide that, where the Commission is required by the regulations to determine that it is necessary for a complaint to be investigated, paragraph 15 is to apply in relation to the complaint as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.

(3)In sub-paragraph (2), for the words from “, it may” to the end of the sub-paragraph substitute “—

(a)in a case where the complaint is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Commission's determination), the Commission must refer the complaint back to the appropriate authority for the investigation to be completed, and

(b)in any other case, the Commission may, if it thinks fit, refer the complaint back to the appropriate authority to be dealt with by that authority in accordance with paragraph 6.”

(4)In sub-paragraph (3)(b), for “a possible future investigation of the complaint” substitute “ an investigation of the complaint (whether an existing investigation or a possible future one) ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I239Sch. 5 para. 10 in force for certain purposes at Royal Assent, see s. 183

11In paragraph 6 (handling of complaints by the appropriate authority), in sub-paragraph (2)(a), for “5” substitute “ 5(2)(b) ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I240Sch. 5 para. 11 in force for certain purposes at Royal Assent, see s. 183

12In paragraph 13 (reference of conduct matters to the Commission), in sub-paragraph (6)(b), for “a possible future investigation of that matter” substitute “ an investigation of that matter (whether an existing investigation or a possible future one) ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I241Sch. 5 para. 12 in force for certain purposes at Royal Assent, see s. 183

13(1)Paragraph 14 (duties of Commission on references under paragraph 13: recordable conduct matters) is amended as follows.E+W

(2)After sub-paragraph (1) insert—

(1A)The Secretary of State may by regulations provide that the Commission must determine that it is necessary for recordable conduct matters referred to it that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

(1B)Regulations under sub-paragraph (1A) may provide that the duty on the Commission applies only in relation to recordable conduct matters relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

(1C)Regulations under sub-paragraph (1A) may also provide that, where the Commission is required by the regulations to determine that it is necessary for a recordable conduct matter to be investigated, paragraph 15 is to apply in relation to the matter as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.

(3)In sub-paragraph (2), for the words from “, it may” to the end of the sub-paragraph substitute “—

(a)in a case where the recordable conduct matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Commission's determination), the Commission must refer the matter back to the appropriate authority for the investigation to be completed, and

(b)in any other case, the Commission may, if it thinks fit, refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.”

(4)In sub-paragraph (3)(b), for “a possible future investigation of that matter” substitute “ an investigation of that matter (whether an existing investigation or a possible future one) ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I242Sch. 5 para. 13 in force for certain purposes at Royal Assent, see s. 183

14(1)Paragraph 14D (duties of Commission on references under paragraph 14C: DSI matters) is amended as follows.E+W

(2)After sub-paragraph (1) insert—

(1A)The Secretary of State may by regulations provide that the Commission must determine that it is necessary for DSI matters referred to it in relation to which the relevant officer is a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

(1B)Regulations under sub-paragraph (1A) may provide that the duty on the Commission applies only in relation to DSI matters in relation to which the relevant officer is a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

(1C)Regulations under sub-paragraph (1A) may also provide that, where the Commission is required by the regulations to determine that it is necessary for a DSI matter to be investigated, paragraph 15 is to apply in relation to the matter as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.

(3)In sub-paragraph (2), for the words from “, it may” to the end of the sub-paragraph substitute

(a)in a case where the DSI matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Commission's determination), the Commission must refer the matter back to the appropriate authority for the investigation to be completed, and

(b)in any other case, the Commission may, if it thinks fit, refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I243Sch. 5 para. 14 in force for certain purposes at Royal Assent, see s. 183

15(1)Paragraph 15 (power of the Commission to determine the form of an investigation) is amended as follows.E+W

(2)In sub-paragraph (1)(b), after “determines” insert “ under paragraph 5(1), 14(1) or 14D(1) ”.

(3)After sub-paragraph (1) insert—

(1A)This paragraph also applies where the Commission determines under paragraph 6A(5)(a) that it is necessary for a complaint to be investigated.

(4)Omit sub-paragraph (3).

(5)In sub-paragraph (4)—

(a)omit paragraph (b);

(b)in paragraph (c), for “management” substitute “ direction ”.

(6)After sub-paragraph (4) insert—

(4A)In making a determination under sub-paragraph (2) the Commission must first determine whether, having regard to the seriousness of the case and the public interest, it is appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf and if it is the Commission must determine that the investigation is to take that form.

(4B)Where, in accordance with sub-paragraph (4A), the Commission determines that it is not appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the Commission must determine that the investigation is to take the form of an investigation by the Commission unless sub-paragraph (4C) applies.

(4C)This sub-paragraph applies where the Commission determines that it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority under the direction of the Commission, in which case the Commission must determine that the investigation is to take that form.

(7)For sub-paragraph (5) substitute—

(5)Where the Commission determines under sub-paragraph (4C) or (5B) that an investigation is to take the form of an investigation by the appropriate authority under the direction of the Commission, the Commission must keep under review whether that form of investigation continues to be the most appropriate form of investigation.

(5A)If, on such a review, the Commission determines that—

(a)it would be more appropriate for the investigation to take the form of an investigation by the Commission, the Commission must make a further determination under this paragraph (to replace the earlier one) that the investigation is instead to take that form;

(b)having regard to the seriousness of the case and the public interest, it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the Commission may make a further determination under this paragraph (to replace the earlier one) that the investigation is instead to take that form.

(5B)Subject to sub-paragraph (5A), if at any time the Commission determines that, were it to apply sub-paragraphs (4A) to (4C) again, the form of the investigation would be different, the Commission may make a further determination under this paragraph (to replace the earlier one) such that the investigation takes that different form.

(8)In sub-paragraph (8), at the end insert “ and of its reasons for making the determination ”.

(9)After sub-paragraph (8) insert—

(9)The Commission shall also notify the following of any determination that it makes under this paragraph in relation to a particular complaint, recordable conduct matter or DSI matter and of its reasons for making the determination—

(a)every person entitled to be kept properly informed in relation to the complaint or matter under section 21;

(b)where the determination is made in relation to a complaint, the complainant;

(c)the person to whose conduct the investigation will relate.

(10)The duty imposed by sub-paragraph (9) on the Commission in relation to a complaint, recordable conduct matter or DSI matter shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.

(11)Subsections (6) to (8) of section 20 apply for the purposes of sub-paragraph (10) as they apply for the purposes of that section.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I244Sch. 5 para. 15 in force for certain purposes at Royal Assent, see s. 183

16(1)Paragraph 16 (investigations by the appropriate authority on its own behalf) is amended as follows.E+W

(2)Before sub-paragraph (1) insert—

(A1)This paragraph applies if the appropriate authority, acting in accordance with paragraph 6(2A) or in response to a recommendation under paragraph 6A(6)(b), is to make arrangements for a complaint to be investigated by the appropriate authority on its own behalf.

(3)In sub-paragraph (1)—

(a)in the words before paragraph (a), after “paragraph” insert “ also ”;

(b)omit paragraph (a) and the “or” following it.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I245Sch. 5 para. 16 in force for certain purposes at Royal Assent, see s. 183

17Omit paragraph 17 (investigations supervised by the Commission) and the italic heading before that paragraph.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I246Sch. 5 para. 17 in force for certain purposes at Royal Assent, see s. 183

18In the italic heading before paragraph 18, for “managed” substitute “ directed ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I247Sch. 5 para. 18 in force for certain purposes at Royal Assent, see s. 183

19(1)Paragraph 18 (investigations managed by the Commission) is amended as follows.E+W

(2)In sub-paragraph (1), for “manage” substitute “ direct ”.

(3)For sub-paragraph (2) substitute—

(2)On being given notice of that determination, the appropriate authority shall, if it has not already done so, appoint—

(a)a person serving with the police (whether under the direction and control of the chief officer of police of the relevant force or of the chief officer of another force), or

(b)a National Crime Agency officer,

to investigate the complaint or matter.

(2A)The Commission may require that no appointment is made under sub-paragraph (2) unless it has given notice to the appropriate authority that it approves the person whom that authority proposes to appoint.

(2B)Where at any time the Commission is not satisfied with the person investigating, the Commission may require the appropriate authority, as soon as reasonably practicable after being required to do so—

(a)to select another person falling within sub-paragraph (2)(a) or (b) to investigate the complaint or matter, and

(b)to notify the Commission of the person selected.

(2C)Sub-paragraph (2B) applies whether the person investigating was appointed—

(a)before the appropriate authority was given notice of the Commission's determination that it should direct the investigation by the appropriate authority,

(b)under sub-paragraph (2) (including where the appointment was approved by the Commission in accordance with sub-paragraph (2A)), or

(c)under sub-paragraph (2D)(a).

(2D)Where a selection made in pursuance of a requirement under sub-paragraph (2B) has been notified to the Commission—

(a)the appropriate authority shall appoint that person to investigate the complaint or matter if, but only if, the Commission notifies the authority that it approves the appointment of that person;

(b)if the Commission notifies the authority that it does not approve the appointment of that person, the appropriate authority must make another selection in accordance with sub-paragraph (2B).

(2E)A person appointed under this paragraph to investigate any complaint or conduct matter—

(a)in the case of an investigation relating to any conduct of a chief officer, must not be a person under that chief officer's direction and control, and

(b)in the case of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis, must be a person nominated by the Secretary of State for appointment under this paragraph (and approved for appointment in accordance with sub-paragraph (2A) (if required) or (2D)(a)).

(2F)A person appointed under this paragraph to investigate any DSI matter—

(a)in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control, and

(b)in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be a person nominated by the Secretary of State for appointment under this paragraph (and approved for appointment in accordance with sub-paragraph (2A) (if required) or (2D)(a)).

(4)After sub-paragraph (3) insert—

(4)The person appointed to investigate the complaint or matter shall keep the Commission informed of the progress of the investigation.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I248Sch. 5 para. 19 in force for certain purposes at Royal Assent, see s. 183

20In paragraph 19 (investigations by the Commission itself), in sub-paragraph (7), omit paragraph (aa) and the “or” following it.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I249Sch. 5 para. 20 in force for certain purposes at Royal Assent, see s. 183

21For paragraphs 19A to 19E (special procedure where investigation relates to police officer or special constable) substitute—E+W

19A(1)This paragraph applies to an investigation where condition A, B or C is satisfied.

(2)Condition A is that—

(a)the investigation is an investigation of a complaint, and

(b)during the course of the investigation it appears to the person investigating that there is an indication that a member of a police force, or a special constable, to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings.

(3)Condition B is that—

(a)the investigation is an investigation of a complaint being carried out by a person appointed under paragraph 18, and

(b)during the course of the investigation the Commission determines that there is an indication that a member of a police force, or a special constable, to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings.

(4)Condition C is that—

(a)the investigation is an investigation of a recordable conduct matter, and

(b)the investigation relates to the conduct of a member of a police force or a special constable.

(5)Where this paragraph applies to an investigation the person investigating must proceed with the investigation in accordance with regulations made by the Secretary of State under this sub-paragraph.

(6)Regulations under sub-paragraph (5) may (amongst other things) make provision—

(a)as to the procedure to be followed in connection with any interview of the person concerned, including provision requiring the person concerned to attend an interview;

(b)requiring the person investigating to supply information to the appropriate authority.

(7)In this paragraph “the person concerned”—

(a)in relation to an investigation of a complaint, means the person in respect of whom it appears to the person investigating that there is the indication mentioned in sub-paragraph (2)(b) or (as the case may be) the person in respect of whom the Commission determines that there is the indication mentioned in sub-paragraph (3)(b);

(b)in relation to an investigation of a recordable conduct matter, means the person to whose conduct the investigation relates.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I250Sch. 5 para. 21 in force for certain purposes at Royal Assent, see s. 183

22(1)Paragraph 19F (interview of persons serving with the police etc during certain investigations) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (2)—

(a)in paragraph (a), for “, and” substitute “ other than, in the case of an investigation to which paragraph 19A applies, a serving officer who is the person concerned in relation to the investigation (within the meaning of paragraph 19A). ”;

(b)omit paragraph (b).

(3)In sub-paragraph (7)—

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

(b)after paragraph (a) insert—

(aa)a body required by section 26BA to enter into an agreement with the Commission, or.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I251Sch. 5 para. 22 in force for certain purposes at Royal Assent, see s. 183

23For paragraphs 20A to 20I (accelerated procedure in special cases) substitute—E+W

20A(1)This paragraph applies where—

(a)at any time before the completion of an investigation of a complaint or recordable conduct matter, the person investigating believes that the appropriate authority would, on consideration of the matter, be likely to consider that the conditions in sub-paragraph (2) are satisfied, or

(b)at any time before the completion of an investigation of a complaint or recordable conduct matter being carried out by a person appointed under paragraph 18, the Commission determines that the appropriate authority would, on consideration of the matter, be likely to consider that the conditions in sub-paragraph (2) are satisfied.

(2)The conditions in this sub-paragraph are that—

(a)there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that conduct to which the investigation relates constitutes gross misconduct, and

(b)it is in the public interest for the person whose conduct it is to cease to be a member of a police force, or to be a special constable, without delay.

(3)Where this paragraph applies the person investigating, the appropriate authority and the Commission must proceed in accordance with regulations made by the Secretary of State.

(4)Regulations under sub-paragraph (3) may (amongst other things) make provision—

(a)for the person investigating to continue the investigation (whether to its full extent or to such lesser extent as is provided) or to stop investigating;

(b)for the person investigating to submit a report on the investigation to a point before its completion (not being a report under paragraph 22);

(c)for the conduct to which the investigation relates to be certified for the purposes of paragraph 20(1)(a).

Ann