Fire and Rescue Services Act 2004

28 Inspectors E+W

[F1 (A1) Her Majesty may appoint such number of inspectors of fire and rescue authorities in England (the “English inspectors”) as the Secretary of State may determine.

(A2) Of the persons appointed under subsection (A1) one is to be appointed as the chief fire and rescue inspector for England.

(A3) The English inspectors must inspect, and report on the efficiency and effectiveness of, fire and rescue authorities in England.

(A4) The English inspectors must carry out such other duties for the purpose of furthering the efficiency and effectiveness of fire and rescue authorities in England as the Secretary of State may from time to time direct.

(A5) The chief fire and rescue inspector for England may appoint assistant inspectors and other officers for the purpose of assisting the English inspectors.

(A6) When carrying out an inspection under subsection (A3) of a fire and rescue authority created by an order under section 4A, an English inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function.

(A7) For the purposes of subsection (A6), the following are excluded functions in relation to a fire and rescue authority—

(a) the function of preparing a fire and rescue plan and a fire and rescue statement (within the meaning of Schedule A2);

(b) the functions that the authority has in its capacity as a major precepting authority for the purposes of Part 1 of the Local Government Finance Act 1992;

(c) the function of appointing a chief finance officer under section 4D(4);

(d) where functions of the authority have been delegated to a chief constable under an order under section 4H, the functions conferred on the authority by section 4J(4) and (5);

(e) functions specified, or of a description specified, in relation to that authority in an order made by the Secretary of State.

(A8) The power under subsection (A7)(e) may be exercised in relation to—

(a) all fire and rescue authorities created by an order under section 4A,

(b) a particular fire and rescue authority created by an order under section 4A, or

(c) a particular description of fire and rescue authorities created by an order under section 4A.

[F2 (A8A) When carrying out an inspection under subsection (A3) of a mayoral combined authority, or mayoral CCA, in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g), an English inspector must not review or scrutinise decisions made, or other action taken, in connection with the discharge of an excluded mayoral FRA function.

(A8B) For the purposes of subsection (A8A), the following are excluded mayoral FRA functions in relation to a mayoral combined authority, or mayoral CCA, in its capacity as a fire and rescue authority—

(a) the issuing of a community risk management plan;

(b) the variation of priorities and objectives set out in a community risk management plan;

(c) the allocation of the draft or actual budget for fire and rescue functions in relation to any financial year;

(d) the function of appointing, suspending or dismissing the chief fire officer;

(e) the function of holding the chief fire officer to account for the exercise of—

(i) the functions which are delegated to the chief fire officer; and

(ii) the functions of persons under the direction and control of the chief fire officer;

(f) the function of approving a pay policy statement prepared for the purposes of section 38 of the Localism Act 2011;

(g) the function of approving arrangements to enter into a reinforcement scheme under section 13;

(h) the function of approving arrangements with other employers of firefighters under section 15;

(i) the function of approving arrangements under section 16;

(j) the function of approving plans, modifications to plans and additions to plans for the purpose of ensuring that—

(i) so far as is reasonably practicable, the mayoral combined authority, or mayoral CCA, is able to continue to perform its fire and rescue functions if an emergency occurs; and

(ii) the mayoral combined authority, or mayoral CCA, is able to perform its functions so far as necessary or desirable for the purpose of preventing an emergency, or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it;

(k) the function of approving any arrangements for the co-operation of the mayoral combined authority, or mayoral CCA in relation to its fire and rescue functions with other general Category 1 responders and general Category 2 responders in respect of—

(i) the performance of the mayoral combined authority’s, or mayoral CCA’s, duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004; and

(ii) any duties under subordinate legislation made in exercise of powers under that Act.

(A8C) In subsection (A8B)—

• “community risk management plan” has the same meaning as in Schedule ZA1;

• “emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 for Part 1 of that Act;

• “general Category 1 responder” means a person who falls within Part 1 of Schedule 1 to the Civil Contingencies Act 2004;

• “general Category 2 responder” means a person who falls within Part 3 of Schedule 1 to the Civil Contingencies Act 2004;

• “priorities and objectives” has the same meaning as in Schedule ZA1.]

(A9) Schedule A3 makes further provision in relation to the English inspectors.]

(1) Her Majesty may by Order in Council appoint inspectors, and the Secretary of State may appoint assistant inspectors and other officers, for the purpose of obtaining information as to—

(a) the manner in which fire and rescue authorities [F3 in Wales] are discharging their functions;

(b) technical matters relating to those functions.

(2) The Secretary of State may pay to persons appointed under this section remuneration determined by him.

(3) A person appointed under section 24 of the Fire Services Act 1947 (c. 41) is to be taken to have been appointed under this section.

Textual Amendments

F1 S. 28(A1)-(A9) inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 11(2), 183(1), (5)(e); S.I. 2017/726, reg. 2(b)

F2 S. 28(A8A)-(A8C) inserted (29.6.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(5), Sch. 25 para. 5 (with s. 102)

F3 Words in s. 28(1)(a) inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 11(3), 183(1), (5)(e); S.I. 2017/726, reg. 2(b) (with reg. 4)

Modifications etc. (not altering text)

C1 S. 28 applied (with modifications) by S.I. 2017/469, Sch. 1 para. 3 (as inserted (26.6.2020) by The Greater Manchester Combined Authority (Fire and Rescue Functions) (Amendment) Order 2020 (S.I. 2020/641), arts. 1, 9)

C2 S. 28 modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 46(2), Sch. 7 para. 6(4)

Commencement Information

I1 S. 28 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)

I2 S. 28 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2