Fire and Rescue Services Act 2004 (c. 21)

Part 1 E+W Fire and rescue authorities

3 Creation of combined fire and rescue authorities: supplementary E+W

(1) A combined fire and rescue authority constituted under a scheme under section 2 must be constituted as a body corporate.

(2) A scheme under section 2 may, subject to this section, make any supplementary and incidental provision which the Secretary of State considers appropriate.

(3) In particular, a scheme under section 2 may make provision about—

(a) the composition of the combined authority (including provision for the appointment of members by the existing authorities or by the Secretary of State);

(b) the proceedings of the combined authority (including different provision in respect of the voting rights of different categories of member);

(c) the financing of the combined authority (including provision for the payment of expenses out of a combined fire and rescue service fund maintained by the existing authorities);

(d) the discharge of the functions of the combined authority (including provision for the discharge of functions by committees);

(e) officers of the combined authority;

(f) the acquisition, appropriation and disposal of land by the combined authority (including provision for the acquisition of land by agreement or compulsorily);

(g) the transfer of staff, property, rights and liabilities to or from the combined authority;

(h) the payment of compensation in respect of loss suffered by any person in consequence of the constitution of the combined authority.

(4) A scheme under section 2 may not make provision for the appointment by the Secretary of State of a number of members equal to, or exceeding, half the total number of members capable of being appointed.

(5) If a scheme under section 2 provides for members of a combined authority to be appointed by the Secretary of State, it must also provide that any decision of the authority to—

(a) issue a precept under section 40 of the Local Government Finance Act 1992 (c. 14), or

(b) make the calculations required by section 43 of that Act,

must be approved by more than half of the members of the authority not appointed by the Secretary of State.

Commencement Information

I1 S. 3 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. 3 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2