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Local Government and Elections (Wales) Act 2021

Section 168 – Fire and rescue authorities: disapplication of the 2009 Measure

733.Subsection (1) removes “fire and rescue authorities” from the definition of “Welsh improvement authority” in section 1 of the 2009 Measure and makes other amendments so that the improvement regime set out in Part 1 of the 2009 Measure ceases to apply to FRAs.

734.Subsection (2) removes fire and rescue authorities in Wales from the application of section 93 of the Local Government Act 2003 (power of certain authorities to charge for discretionary services) by removing “Welsh improvement authorities” from the definition of relevant authority in section 93(9) and replacing it with two new references to “a county or county borough council in Wales” and “a National Park authority for a National Park in Wales”.

735.Fire and rescue authorities have a power to charge a person for action taken otherwise than for a commercial purpose, under section 18A of the Fire and Rescue Services Act 2004 (subject to certain limitations – see sections 18A and 18B of that Act).

736.In consequence of the disapplication of Part 1 of the 2009 Measure to fire and rescue authorities, subsection (3) removes from section 24 of the Fire and Rescue Services Act 2004 provisions which had applied certain provisions of the 2009 Measure with modifications in relation to the duty of fire and rescue authorities under section 21(7) of the Fire and Rescue Services Act 2004 to have regard to the Fire and Rescue National Framework in carrying out their functions.

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