Part 1

Fire and rescue authorities

Combined fire and rescue authorities

Creation of combined fire and rescue authorities: supplementary
3
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 , by the Secretary of State or, in the case of a combined authority for an area which is wholly within England, by the combined authority );
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.
6
The following provisions apply if a scheme under section 2 provides for members of a combined authority to be appointed by the authority.
7
The scheme must provide that a relevant police and crime commissioner may only be appointed as a member of the authority in response to a request by the commissioner.
8
The scheme must provide that, if such a request is made to the authority, the authority must—
a
consider the request,
b
give reasons for its decision to agree to or refuse the request, and
c
publish those reasons in such manner as it thinks appropriate.
9
In this section “relevant police and crime commissioner”, in relation to a combined authority, means a police and crime commissioner—
a
whose area is the same as, or contains all of, the area of the authority, or
b
all or part of whose area falls within the area of the authority.
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)
S. 3 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2
Words in s. 3(3)(a) 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), ss. 7(11), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 3
S. 3(6)-(9) inserted (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), ss. 7(12), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 3
S. 2 crossheading inserted (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. 4; S.I. 2017/399, reg. 2, Sch. para. 38