Part 1

Fire and rescue authorities

Combined authorities under the Fire Services Act 1947
4
1
This section applies to a scheme approved under section 5 of the Fire Services Act 1947 (c. 41) (voluntary schemes for combining fire authorities), or made under section 6 of that Act (combination schemes made by the Secretary of State), which is in force immediately before the repeal of those sections by this Act.
2
A scheme to which this section applies continues to have effect despite that repeal.
3
The combined authority constituted by a scheme to which this section applies is the fire and rescue authority for the area for which it is constituted.
4
The Secretary of State may by order vary or revoke a scheme to which this section applies.
5
Before making an order under subsection (4) in relation to a scheme the Secretary of State must consult—
a
any fire and rescue authority which appears to him likely to be affected,
b
any other authority which would, apart from the scheme, be a fire and rescue authority under section 1 and which appears to him likely to be affected,
c
any local authority all or part of whose area forms part of the combined area or would, under the scheme as varied, form part of the combined area, and
d
any other persons he considers appropriate.
6
Before making an order under subsection (4) varying or revoking a scheme the Secretary of State must cause an inquiry to be held.
7
The Secretary of State is not required to cause an inquiry to be held under subsection (6) (but may do so) if—
a
the combined authority and any other authority which would, apart from the scheme, be a fire and rescue authority under section 1 and which would be affected by the variation or revocation, agree to the variation or revocation,
b
it appears to the Secretary of State that the scheme is to be varied or revoked solely for the purpose of giving effect to an order made under Part 4 of the Local Government Act 1972 (c. 70), section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007, or
c
the Secretary of State considers that, in the interests of public safety, the scheme should be varied or revoked without delay.
S. 4 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. 4 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2
Words in s. 4(7)(b) substituted (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 22(3); S.I. 2007/3136, art. 2(b)