English Devolution and Community Empowerment Act 2026

Section 48

Schedule 25 E+W Fire and rescue authorities

Part 1 E+W Amendment of FRSA 2004

Introduction E+W

1 FRSA 2004 is amended in accordance with this Part of this Schedule.

Commencement Information

I1 Sch. 25 para. 1 in force at 29.6.2026, see s. 108(5)

Power to create combined fire and rescue authorities E+W

2 (1) Section 2 is amended in accordance with this paragraph.

(2) In subsection (2) for “only if it appears” substitute “only if condition A or B is met.

“(2A) Condition A: it appears”.

(3) After subsection (2A) (created by sub-paragraph (2) above) insert—

“(2B) Condition B: the scheme—

(a) is made in consequence of an order under section 1A, and

(b) provides for a combined area that is wholly in England and is outside Greater London.

(2C) Subsections (3) to (5), (8)(a), (9)(a), (c) and (d) do not apply to a scheme made where condition B is met.”

(4) After subsection (11) insert—

“(11A) This section is subject to section 1(2A).”

Commencement Information

I2 Sch. 25 para. 2 in force at 29.6.2026, see s. 108(5)

Combined authorities under the Fire Services Act 1947 E+W

3 In section 4, after subsection (7) insert—

“(7A) This section is subject to section 1(2A).”

Commencement Information

I3 Sch. 25 para. 3 in force at 29.6.2026, see s. 108(5)

Provision about mayoral combined authorities or CCAs that are fire and rescue authorities E+W

4 (1) In section 1 (fire and rescue authorities), after subsection (2B) (inserted by section 48 of this Act) insert—

“(2C) Schedule ZA1 makes provision about mayoral combined authorities or CCAs that are fire and rescue authorities.”

(2) Before Schedule A1 insert—

Section 1

“Schedule ZA1 E+W Mayoral combined authorities or CCAs as fire and rescue authorities

Interpretation

1 (1) In this Schedule—

• “community risk management plan” means a document issued by an FRA’s mayor which—

  (a)

  is prepared and published in accordance with the Fire and Rescue National Framework, and

  (b)

  sets out for the period covered by the document—

  (i)

  the mayoral FRA’s priorities and objectives in connection with the discharge of its functions as a fire and rescue authority, and

  (ii)

  an assessment of all foreseeable fire and rescue related risks that could affect the mayoral FRA’s area;

• “FRA’s mayor” means the mayor for the area of a mayoral FRA;

• “mayoral FRA” means a mayoral combined authority or mayoral CCA which is a fire and rescue authority by virtue of section 1(2)(f) or (g);

• “priorities and objectives” means a mayoral FRA’s priorities and objectives in connection with the discharge of its functions as a fire and rescue authority which it is required to set out in the community risk management plan;

• “relevant scrutiny body”, in relation to a mayoral FRA, has the meaning determined in accordance with sub-paragraphs (2) to (5).

(2) The “relevant scrutiny body” is the overview and scrutiny committee of the mayoral combined authority or mayoral CCA which is the fire and rescue authority.

(3) Where the authority or CCA has more than one overview and scrutiny committee, the authority or CCA must decide which of the committees is to exercise the functions of the relevant scrutiny body.

(4) But sub-paragraphs (2) and (3) do not apply in a case where—

(a) the FRA’s mayor also exercises functions of police and crime commissioner in relation to the area for which the mayoral FRA is the fire and rescue authority, and

(b) immediately before the mayoral FRA became the fire and rescue authority for that area, an authority created by an order under section 4A was the fire and rescue authority for that area.

(5) In that case, the “relevant scrutiny body” is the police and crime panel for that area (see, in particular, section 28 of the Police Reform and Social Responsibility Act 2011 as it has effect in accordance with paragraph 10 of Schedule 10A to that Act).

Oversight of the community risk management plan

2 (1) This paragraph applies to—

(a) the issuing of a community risk management plan, and

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

(2) The FRA’s mayor must—

(a) consult the chief fire officer in preparing a draft of the plan or variation;

(b) send the priorities and objectives in the draft plan or draft variation to the relevant scrutiny body;

(c) have regard to any report or recommendations made by the relevant scrutiny body in relation to those priorities and objectives; and

(d) as soon as reasonably practicable—

(i) give the relevant scrutiny body a response to any such report or recommendations, and

(ii) publish the response in such manner as the FRA’s mayor considers appropriate.

(3) The FRA’s mayor must ensure that the relevant scrutiny body has a reasonable amount of time to—

(a) consider the priorities and objectives sent to it in accordance with sub-paragraph (2)(b), and

(b) produce a report or recommendations.

(4) The FRA’s mayor must consult the chief fire officer before issuing or varying a community risk management plan if, and to the extent that, the priorities and objectives in the plan or variation are different from those in the draft on which the chief fire officer was consulted in accordance with sub-paragraph (2)(a).

(5) If the FRA’s mayor issues or varies a community risk management plan, the mayor must—

(a) send a copy of the plan or variation to the chief fire officer; and

(b) publish a copy of the plan or variation in such manner as the mayor considers appropriate.

(6) The duty under sub-paragraph (5) to send or publish a copy of a variation may instead be satisfied by sending or publishing a copy of the plan as varied.

Duty to keep community risk management plan under review

3 The FRA’s mayor must—

(a) keep the priorities and objectives in the community risk management plan under review, and

(b) in particular, review them in the light of any report or recommendations made to the mayor by the relevant scrutiny body.

Notification of proposed allocation of budget for fire and rescue functions

4 (1) In each financial year, an FRA’s mayor must notify the relevant scrutiny body of the mayor’s proposed allocation of the draft budget for fire and rescue functions in relation to the following financial year.

(2) The notification must include the proposed allocation of the element of the general precept that is attributable to fire and rescue functions.

(3) The notification must be given—

(a) before the date on which the mayoral combined authority or mayoral CCA determines whether to approve the mayor’s annual budget in relation to the following financial year; and

(b) at a time which permits the relevant scrutiny body a reasonable amount of time to review the proposed allocation of budget before that determination is made.

Review of proposed budget

5 (1) The relevant scrutiny body must review any proposed allocation of budget notified to it under paragraph 4.

(2) The relevant scrutiny body must make a report to the FRA’s mayor in relation to the proposed allocation of budget.

(3) The FRA’s mayor must—

(a) have regard to any report made under sub-paragraph (2) and to any recommendations made in it;

(b) provide the relevant scrutiny body with a response to the report and any recommendations made in it;

(c) notify the relevant scrutiny body of any material changes to the budget for fire and rescue functions after it has been finalised; and

(d) publish the response given under paragraph (b), and any notification given under paragraph (c)—

(i) in such manner as is required by the relevant scrutiny body; and

(ii) in any event, in a prominent place on the website of the mayoral combined authority or mayoral CCA.”

Commencement Information

I4 Sch. 25 para. 4 in force at 29.6.2026, see s. 108(5)

Matters outside the scope of inspections E+W

5 In section 28 (inspectors), after subsection (A8) insert—

“(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.”

Commencement Information

I5 Sch. 25 para. 5 in force at 29.6.2026, see s. 108(5)

Part 2 E+W Amendments of other legislation

Local Government Act 1972 E+W

6 In section 138 LGA 1972 (powers of principal councils with respect to emergencies or disaster)—

(a) in subsection (5), after “London Fire Commissioner” insert “and a mayoral fire and rescue authority”;

(b) after subsection (5) insert—

“(5A) For that purpose “mayoral fire and rescue authority” means—

(a) a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act), or

(b) a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act),

in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004.”

Commencement Information

I6 Sch. 25 para. 6 in force at 29.6.2026, see s. 108(5)

Local Government Finance Act 1988 E+W

7 (1) LGFA 1988 is amended in accordance with this paragraph.

(2) In section 114 (functions of responsible officer as regards reports), in subsection (4)(b)—

(a) in sub-paragraph (iiic), omit the final “and”;

(b) after sub-paragraph (iiic) insert—

“(iiid) a mayoral FRA, the relevant scrutiny body (and here “mayoral FRA” and “relevant scrutiny body” have the same meanings as in Schedule ZA1 to the Fire and Rescue Services Act 2004), and”.

(3) In section 115 (authority’s duties as regards reports)—

(a) after subsection (1BA) insert—

“(1BB) In the case of a report made by the chief finance officer of a mayoral FRA (which in this section has the same meaning as in Schedule ZA1 to the Fire and Rescue Services Act 2004), that mayoral FRA must consider the report and decide whether the mayoral FRA agrees or disagrees with the views contained in the report and what action (if any) the mayoral FRA proposes to take in consequence of it.”;

(b) in subsection (1E), after “section 4A fire and rescue authority” insert “, the mayoral FRA”;

(c) after subsection (1FA) insert—

“(1FB) As soon as practicable after the mayoral FRA has prepared a report under subsection (1E), the mayoral FRA must arrange for a copy of the report to be sent to—

(a) the chief finance officer;

(b) the person who at the time the report is made has the duty to audit the authority’s accounts; and

(c) each member of the relevant scrutiny body (which has the same meaning as in Schedule ZA1 to the Fire and Rescue Services Act 2004).”;

(d) in subsection (2), after “section 4A fire and rescue authority” insert “, a mayoral FRA”.

Commencement Information

I7 Sch. 25 para. 7 in force at 29.6.2026, see s. 108(5)

Local Government and Housing Act 1989 E+W

8 (1) The Local Government and Housing Act 1989 is amended in accordance with this paragraph.

(2) In section 67(3) (meaning of “local authority” in Part 5), after paragraph (h) insert—

“(ha) a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;

(hb) a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;”.

(3) In section 155(4) (local authorities that can receive emergency financial assistance), after paragraph (ha) insert—

“(hb) a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;

(hc) a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;”.

Commencement Information

I8 Sch. 25 para. 8 in force at 29.6.2026, see s. 108(5)

LDEDCA 2009 E+W

9 (1) LDEDCA 2009 is amended in accordance with this paragraph.

(2) In section 107D (delegation of functions by the mayor), after subsection (3) insert—

“(3A) Subsection (3) is subject to section 107DZA.”

(3) After section 107D insert—

“107DZA Limitation on delegation of mayoral functions

(1) The mayor may not make an arrangement under section 107D(3)(a) or (b) for the exercise of any fire and rescue functions of the combined authority.

(2) The power to make an arrangement under section 107D(3)(ba) is subject to paragraph 6 of Schedule 5BA.

(3) In this section “fire and rescue functions of the combined authority” means—

(a) functions of a fire and rescue authority which the combined authority has by virtue of an order under section 105A (and here “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004), or

(b) functions which the combined authority has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004.”

Commencement Information

I9 Sch. 25 para. 9 in force at 29.6.2026, see s. 108(5)

LURA 2023 E+W

10 (1) LURA 2023 is amended in accordance with this paragraph.

(2) In section 30 (functions of mayors: general), after subsection (3) insert—

“(3A) Subsection (3) is subject to section 30A.”

(3) After section 30 insert—

“30A Limitation on delegation of mayoral functions

(1) The mayor may not make an arrangement under section 30(3)(a) or (b) for the exercise of any fire and rescue functions of the CCA.

(2) The power to make an arrangement under section 30(3)(ba) is subject to paragraph 6 of Schedule 2A.

(3) In this section “fire and rescue functions of the CCA” means—

(a) functions of a fire and rescue authority which the CCA has by virtue of regulations under section 19 (and here “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004), or

(b) functions which the CCA has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004.”

Commencement Information

I10 Sch. 25 para. 10 in force at 29.6.2026, see s. 108(5)