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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the conferral of the functions of the Greater Manchester Fire and Rescue Authority (“the GMFRA”) on the Greater Manchester Combined Authority (“the GMCA”). This Order has been made following the publication on 30 June 2016 of a scheme for the conferral of further functions on the GMCA, including the functions of the GMFRA. The scheme is available from the GMCA at Churchgate House, 56 Oxford Street, Manchester M1 6EU or athttp://www.greatermanchester-a.gov.uk/download/downloads/id/157/gmca_governance_review_and_scheme_phase_2.pdf

Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the LDEDC Act 2009”) provides for the establishment of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate which may be given power to exercise specified functions of a local authority or public authority under sections 104, 105 and 105A of the LDEDC Act 2009, and power to exercise specified functions of any other public authority under section 16 of the Cities and Local Government Devolution Act 2016 (“the 2016 Act”).

The Secretary of State may provide for there to be a mayor for the area of the combined authority where the constituent councils of the combined authority (each district council or county council whose area is within the area of the combined authority) and any existing combined authority consent under section 107B(3) of the LDEDC Act 2009.

Article 3 transfers the functions of the GMFRA to the GMCA, and provides that the GMCA is the fire and rescue authority for the area of the combined authority for the purposes of the Fire and Rescue Services Act 2004. The article also abolishes the GMFRA.

Article 4 provides that the fire and rescue functions are to be exercised by the Mayor of the GMCA, and for this purpose the Mayor may exercise similar powers to the GMCA’s powers under section 113A of the LDEDC Act 2009. It also provides that members and officers may assist the Mayor in the exercise of these functions.

Article 5 sets out the arrangements which the Mayor may make for the exercise of the fire and rescue functions, subject to the restrictions in article 6. In particular article 5 enables the Mayor to establish a committee to exercise fire and rescue functions subject to the restrictions in article 6.

Articles 7, 8, 9 and 10 make transitional arrangements and supplementary provisions in relation to the transfer of functions, property, rights and liabilities from the GMFRA to the GMCA.

Article 11 extends the financial year of the GMFRA under section 3 of the Local Audit and Accountability Act 2014, and enables the GMCA to do anything necessary to prepare the accounts of the GMFRA for this period, after the abolition of the GMFRA on 8th May 2017.

Articles 12 and 13 and the Schedule to this Order make consequential amendments and modifications.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.