SCHEDULE 1

Article 3

I11

In this Schedule “the Scheme” means the Hampshire Fire Services Combination Scheme set out in the Schedule to the Hampshire Fire Services (Combination Scheme) Order 1996.

Annotations:
Commencement Information
I1

Sch. 1 para. 1 in force at 22.12.2017, see art. 1(2)

Variation of Part 1 of the SchemeI22

In paragraph 2 (interpretation)—

a

after the definition of “constituent authority” omit “and”, and

b

after the definition of “the fire brigade” insert—

;and

“relevant police and crime commissioner 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.

Annotations:
Commencement Information
I2

Sch. 1 para. 2 in force at 22.12.2017, see art. 1(2)

Variation of Part 3 of the Scheme

I33

For paragraph 11 substitute—

11

1

The number of members of the Authority shall be determined by the Authority but shall not exceed 25.

2

Each member of the Authority shall be appointed in accordance with this Part.

Annotations:
Commencement Information
I3

Sch. 1 para. 3 in force at 22.12.2017, see art. 1(2)

I44

For paragraph 12 substitute—

12

1

Each constituent authority shall appoint such number of representatives as determined by the Authority to be members of the Authority.

2

In determining the number of representatives to be appointed by each constituent authority the Authority shall, so far as is practicable, ensure that the number of representatives of each constituent authority is proportionate to the number of local government electors in their area in relation to the number of such electors in the areas of each of the other constituent authorities.

Annotations:
Commencement Information
I4

Sch. 1 para. 4 in force at 22.12.2017, see art. 1(2)

I55

After paragraph 12 insert—

12A

Subject to paragraphs 12B and 12C, the Authority may appoint a relevant police and crime commissioner to be a member of the Authority.

12B

A relevant police and crime commissioner may only be appointed as a member of the Authority in response to a request by the commissioner.

12C

If a relevant police and crime commissioner makes such a request 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 a manner as it thinks appropriate.

12D

Paragraph 12E applies where the Authority appoints a relevant police and crime commissioner to be a member of the Authority and the police and crime commissioner makes arrangements under section 18 of the Police Reform and Social Responsibility Act 20118 to delegate their attendance at a meeting of the Authority.

12E

A person who attends a meeting of the Authority on behalf of a relevant police and crime commissioner—

a

may speak at the meeting but not vote, and

b

is not to be treated as a member of the Authority for any purpose.

Annotations:
Commencement Information
I5

Sch. 1 para. 5 in force at 22.12.2017, see art. 1(2)

I66

In paragraph 13 after “the Authority” insert “appointed by a constituent authority”.

Annotations:
Commencement Information
I6

Sch. 1 para. 6 in force at 22.12.2017, see art. 1(2)

I77

After paragraph 13 insert—

13A

A relevant police and crime commissioner appointed under paragraph 12A shall, subject to paragraphs 14 and 15(2), be a member of the Authority until—

a

a vacancy in the office of the police and crime commissioner is regarded as occurring for the purposes of section 59 of the Police Reform and Social Responsibility Act 2011, or

b

if there is no vacancy in the office before then, the day on which their term of office as a police and crime commissioner ends in accordance with section 50(7)(b) of that Act.

Annotations:
Commencement Information
I7

Sch. 1 para. 7 in force at 22.12.2017, see art. 1(2)

I88

In paragraph 16—

a

after “a member of the Authority”, the first time it appears, insert “appointed by a constituent authority”; and

b

for sub-paragraph (2) substitute—

2

If a member of the Authority appointed by a constituent authority resigns, becomes disqualified or otherwise ceases to be a member of the Authority within six months before the end of his term of office, the council which appointed him shall not be required to appoint a representative to replace him for the remainder of such term unless—

a

on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the Authority exceeds one third of the number of members of the Authority referred to in paragraph 11; or

b

without such an appointment no meeting of the Authority would be quorate as a result of the quorum requirements required by paragraph 19.

Annotations:
Commencement Information
I8

Sch. 1 para. 8 in force at 22.12.2017, see art. 1(2)

I99

In paragraph 19—

a

for “one third” substitute “one half”; and

b

for “each constituent authority” substitute “any two of the constituent authorities.”.

Annotations:
Commencement Information
I9

Sch. 1 para. 9 in force at 22.12.2017, see art. 1(2)

SCHEDULE 2

Article 4

I101

In this Schedule “the Scheme” means the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme set out in the Schedule to the Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015.

Annotations:
Commencement Information
I10

Sch. 2 para. 1 in force at 6.6.2018, see art. 1(4)

Variation of Part 3 of the Scheme

I112

In paragraph 6(1) for “30 members” substitute—

18 members save that, where the minimum number of members of the Authority resulting from the operation of paragraph 7 would be greater than 18, the Authority shall consist of that number of members

Annotations:
Commencement Information
I11

Sch. 2 para. 2 in force at 6.6.2018, see art. 1(4)

I123

For paragraph 7 substitute—

7

1

Each constituent authority shall appoint 2 representatives to be members of the Authority.

2

Each constituent authority shall, so far as is practicable, appoint such additional number of representatives to be members of the Authority as may be required to ensure that the total number of representatives is proportionate to the number of local government electors in its area in relation to the number of such electors in each of the other constituent authorities’ areas.