Fire and Rescue Services Act 2004

1Fire and rescue authoritiesE+W

This section has no associated Explanatory Notes

(1)The fire and rescue authority for an area is the authority determined under this section.

(2)In England—

(a)a non-metropolitan county council is the fire and rescue authority for the county;

(b)a non-metropolitan district council for an area for which there is no county council is the fire and rescue authority for the area;

(c)the [F1London Fire Commissioner] is the fire and rescue authority for Greater London;

(d)a metropolitan county fire and civil defence authority is the fire and rescue authority for the county;

(e)the Council of the Isles of Scilly is the fire and rescue authority for the Isles of Scilly;

[F2(f)a mayoral combined authority or mayoral CCA is the fire and rescue authority for the whole of its area if the Secretary of State designates it as the fire and rescue authority for that area in accordance with section 1A(1);

(g)a mayoral combined authority or mayoral CCA is the fire and rescue authority for a part of its area if the Secretary of State—

(i)specifies that part of its area, and

(ii)designates it as the fire and rescue authority for that part of its area,

in accordance with section 1A(2) and (3).]

[F3(2A)If a mayoral combined authority or mayoral CCA is the fire and rescue authority for an area by virtue of subsection (2)(f) or (g), a council or other authority is not the fire and rescue authority for that area by virtue of subsection (2)(a) to (e) or section 2 or 4.

(2B)The functions of a mayoral combined authority or mayoral CCA as a fire and rescue authority are functions of the mayoral combined authority or mayoral CCA exercisable only by the mayor on behalf of the combined authority or CCA.]

[F4(2C)Schedule ZA1 makes provision about mayoral combined authorities or CCAs that are fire and rescue authorities.]

(3)In Wales—

(a)a county council is the fire and rescue authority for the county;

(b)a county borough council is the fire and rescue authority for the county borough.

(4)This section is subject to [F5—

(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).]

[F6(5)This section is also subject to—

(a)an order under Part 6 of the Local Democracy, Economic Development and Construction Act 2009 which transfers the functions of a fire and rescue authority to a combined authority established under section 103 of that Act;

(b)an order under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 which transfers the functions of a fire and rescue authority to a combined county authority established under section 9(1) of that Act.]

Textual Amendments

F1Words in s. 1(2)(c) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 111; S.I. 2018/227, reg. 4(c)

F2S. 1(2)(f)(g) inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 48(2), 108(1)(5) (with s. 102)

F3S. 1(2A)(2B) inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 48(3), 108(1)(5) (with s. 102)

F5Words in s. 1(4) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 3; S.I. 2017/399, reg. 2, Sch. para. 38

Commencement Information

I1S. 1 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I2S. 1 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2