Part 1

Fire and rescue authorities

Fire and rescue authority involving police and crime commissioner

Power to provide for police and crime commissioner to be fire and rescue authority
4A
1
The Secretary of State may by order provide—
a
for the creation of a corporation sole as the fire and rescue authority for the area specified in the order, and
b
for the person who is for the time being the police and crime commissioner for the relevant police area to be for the time being that fire and rescue authority.
2
In subsection
(1)
“the relevant police area” means the police area which—
a
is the same as the area of the fire and rescue authority created by the order, or
b
if the order creates two or more fire and rescue authorities, is the same as the areas of those authorities taken together.
3
The whole of an area of a fire and rescue authority created by an order under this section must be—
a
within England, and
b
outside the metropolitan police district and the City of London police area.
4
An order under this section may be made only if the relevant police and crime commissioner has submitted a proposal for the order to the Secretary of State.
5
An order under this section may be made only if it appears to the Secretary of State that—
a
it is in the interests of economy, efficiency and effectiveness for the order to be made, or
b
it is in the interests of public safety for the order to be made.
6
The Secretary of State may not make an order under this section in a case within subsection (5)(a) if the Secretary of State thinks that the order would have an adverse effect on public safety.
7
In this section “relevant police and crime commissioner” has the same meaning as in Schedule A1; and that Schedule makes further provision about the procedure for an order under this section.
S. 4A-4M and 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. 5; S.I. 2017/399, reg. 2, Sch. para. 38
S. 4A excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 20(b)
S. 4A applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017 (S.I. 2017/469), art. 1(3), Sch. para. 6(2)
S. 4A 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(2)