The Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision related to the creation of a fire and rescue authority by an order made under section 4A of the Fire and Rescue Services Act 2004 (c. 21) (“the 2004 Act”). Where a fire and rescue authority is created under section 4A of the 2004 Act the person who is for the time being the police and crime commissioner for the police area that corresponds with the area of the authority created is for the time being to be that fire and rescue authority.

Articles 3 to 23 of the Order make provision in relation to the appointment, suspension and dismissal of the chief fire officer that corresponds or is similar to, the provision made by and under the Police Reform and Social Responsibility Act 2011 (c. 13) (see section 38 of, and Schedule 8 to, that Act). See also Part 3 of S.I. 2012/2271 and regulation 11A of S.I. 2003/527, in relation to the appointment, suspension and removal of chief constables.

Article 24 of the Order sets out the obligations on the chief fire officer in relation to securing good value for money. Article 25 obliges the chief fire officer to have regard in exercising their functions to the fire and rescue plan issued by their Authority.

Article 26 of the Order sets out functions of a fire and rescue authority created under section 4A of the 2004 Act that are to be excluded from inspection under the arrangements for inspection made by section 28 of the 2004 Act.

Sections 95 and 96 of the Local Government Act 2003 provide that a fire and rescue authority created under section 4A of the 2004 Act is authorised to trade in any of their ordinary functions subject to certain conditions. Article 27 sets out those conditions, which require the prior preparation and approval of a business case, and the recovery of any costs incurred by the authority in anything it supplies, including accommodation, goods, services or staff, to a company through which the trading power is exercised. Under section 95(4) of the 2003 Act, the power to trade must be exercised through a company.

Article 28 and Schedule 1 apply, with the modifications set out in the Schedule, the following legislation to a fire and rescue authority created under section 4A of the 2004 Act: the Elected Local Policing Bodies (Specified Information) Order 2011(S.I. 2011/3050), the Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 (S.I. 2012/62) and the Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012 (S.I. 2012/2271).

Article 29 and Schedule 2 make provision for consequential amendments.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.