2020 No. 168
The Combined Fire and Rescue Authorities (Membership and Allowances) (Amendment) Regulations 2020
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 18 and 190(1) of the Local Government and Housing Act 19891, sections 100 and 105(2)(b) of the Local Government Act 20002 (“the 2000 Act”) and sections 2(6), 3, 4(4) and 60(2) of the Fire and Rescue Services Act 20043 (“the 2004 Act”).
In accordance with sections 2(6) and 4(5) of the 2004 Act, the Secretary of State has consulted the authorities which appeared to the Secretary of State likely to be affected by Part 2 of these Regulations and such other persons as the Secretary of State considered appropriate.
In accordance with sections 2(8)(b) and 4(6) of the 2004 Act, the Secretary of State has caused an inquiry to be held in relation to the variation of the scheme set out in the Schedule to the Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 20154 and the variation of the Cleveland Fire Services Combination Scheme5.
The other authorities which are affected by a variation made by Part 2 of these Regulations have agreed to the relevant variation.
In accordance with section 100(5) of the 2000 Act, the Secretary of State has consulted such representatives of local government and such other persons as the Secretary of State considered appropriate about Part 3 of these Regulations.
PART 1Introductory
Citation and commencement1
These Regulations may be cited as the Combined Fire and Rescue Authorities (Membership and Allowances) (Amendment) Regulations 2020 and come into force on 18th March 2020.
Interpretation2
In these Regulations, “the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme” means the scheme set out in the Schedule to the Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015.
PART 2Appointment of police and crime commissioner to combined fire and rescue authority
Variation of the Avon Fire Services Combination Scheme3
The Avon Fire Services Combination Scheme6 is varied in accordance with Schedule 1.
Variation of the Cleveland Fire Services Combination Scheme4
The Cleveland Fire Services Combination Scheme is varied in accordance with Schedule 2.
Variation of the Humberside Fire Services Combination Scheme5
The Humberside Fire Services Combination Scheme7 is varied in accordance with Schedule 3.
Variation of the Leicestershire Fire Services Combination Scheme6
The Leicestershire Fire Services Combination Scheme8 is varied in accordance with Schedule 4.
Variation of the Bedfordshire Fire Services Combination Scheme7
The Bedfordshire Fire Services Combination Scheme9 is varied in accordance with Schedule 5.
Variation of the Derbyshire Fire Services Combination Scheme8
The Derbyshire Fire Services Combination Scheme10 is varied in accordance with Schedule 6.
Variation of the Durham Fire Services Combination Scheme9
The Durham Fire Services Combination Scheme11 is varied in accordance with Schedule 7.
Variation of the East Sussex Fire Services Combination Scheme10
The East Sussex Fire Services Combination Scheme12 is varied in accordance with Schedule 8.
Variation of the Buckinghamshire Fire Services Combination Scheme11
The Buckinghamshire Fire Services Combination Scheme13 is varied in accordance with Schedule 9.
Variation of the Berkshire Fire Services Combination Scheme12
The Berkshire Fire Services Combination Scheme14 is varied in accordance with Schedule 10.
Variation of the Cambridgeshire Fire Services Combination Scheme13
The Cambridgeshire Fire Services Combination Scheme15 is varied in accordance with Schedule 11.
Variation of the Cheshire Fire Services Combination Scheme14
The Cheshire Fire Services Combination Scheme16 is varied in accordance with Schedule 12.
Variation of the Hereford and Worcester Fire Services Combination Scheme15
The Hereford and Worcester Fire Services Combination Scheme17 is varied in accordance with Schedule 13.
Variation of the Kent Fire Services Combination Scheme16
The Kent Fire Services Combination Scheme18 is varied in accordance with Schedule 14.
Variation of the Shropshire Fire Services Combination Scheme17
The Shropshire Fire Services Combination Scheme19 is varied in accordance with Schedule 15.
Variation of the Lancashire Fire Services Combination Scheme18
The Lancashire Fire Services Combination Scheme20 is varied in accordance with Schedule 16.
Variation of the Nottinghamshire Fire Services Combination Scheme19
The Nottinghamshire Fire Services Combination Scheme21 is varied in accordance with Schedule 17.
Variation of the Devon and Somerset Fire and Rescue Authority Combination Scheme20
The Devon and Somerset Fire and Rescue Authority Combination Scheme22 is varied in accordance with Schedule 18.
Variation of the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme21
The Dorset and Wiltshire Fire and Rescue Authority Combination Scheme is varied in accordance with Schedule 19.
PART 3Allowances payable to members of a combined fire and rescue authority
Amendment of the Local Authorities (Members’ Allowance) (England) Regulations 200322
In regulation 4 of the Local Authorities (Members’ Allowances) (England) Regulations 200323, after paragraph (1), insert—
1A
But a fire and rescue authority may not make any provision in such a scheme for the payment of any allowance to a PCC member of the authority.
1B
For the purposes of paragraph (1A)—
“fire and rescue authority” means an authority of a description in regulation 3(1)(e);
“PCC member”, in relation to a fire and rescue authority, means a police and crime commissioner who is appointed, in that capacity, as a member of that authority.
SCHEDULE 1Variation of the Avon Fire Services Combination Scheme
1
In paragraph 2 of the Avon Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 201124, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 2Variation of the Cleveland Fire Services Combination Scheme
1
In paragraph 2 of the Cleveland Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104 and 106”.
SCHEDULE 3Variation of the Humberside Fire Services Combination Scheme
1
In paragraph 2 of the Humberside Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 4Variation of the Leicestershire Fire Services Combination Scheme
1
In paragraph 2 of the Leicestershire Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 5Variation of the Bedfordshire Fire Services Combination Scheme
1
In paragraph 2 of the Bedfordshire Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “102(1) to (5), 103, 104, 106”.
SCHEDULE 6Variation of the Derbyshire Fire Services Combination Scheme
1
In paragraph 2 of the Derbyshire Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 7Variation of the Durham Fire Services Combination Scheme
1
In paragraph 2 of the Durham Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 8Variation of the East Sussex Fire Services Combination Scheme
1
In paragraph 2 of the East Sussex Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 9Variation of the Buckinghamshire Fire Services Combination Scheme
1
In paragraph 2 of the Buckinghamshire Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 10Variation of the Berkshire Fire Services Combination Scheme
1
In paragraph 2 of the Berkshire Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 11Variation of the Cambridgeshire Fire Services Combination Scheme
1
In paragraph 2 of the Cambridgeshire Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 12Variation of the Cheshire Fire Services Combination Scheme
1
In paragraph 2 of the Cheshire Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 13Variation of the Hereford and Worcester Fire Services Combination Scheme
1
In paragraph 2 of the Hereford and Worcester Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 14Variation of the Kent Fire Services Combination Scheme
1
In paragraph 2 of the Kent Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 15Variation of the Shropshire Fire Services Combination Scheme
1
In paragraph 2 of the Shropshire Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 16Variation of the Lancashire Fire Services Combination Scheme
1
In paragraph 2 of the Lancashire Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 17Variation of the Nottinghamshire Fire Services Combination Scheme
1
In paragraph 2 of the Nottinghamshire Fire Services Combination Scheme—
a
omit “and” at the end of the definition of “constituent authority”, and
b
at the end of the definition of “the fire brigade”, insert “; and” and as follows—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
For paragraph 11 of that Scheme substitute—
11
1
Subject to sub-paragraph (2), the Authority is to consist of not more than 25 members.
2
If the minimum number of members resulting from the operation of paragraphs 12 and 12A would be greater than 25, the Authority is to consist of that number of members.
3
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 12 of that Scheme—
a
the existing paragraph becomes sub-paragraph (1), and
b
after that sub-paragraph, insert—
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
12A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
12B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 13 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
13A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 12A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 14 and 15(2).
7
In paragraph 16 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (2), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 20(1) of that Scheme for “to 106” substitute “, 102(1) to (5), 103, 104, 106”.
SCHEDULE 18Variation of the Devon and Somerset Fire and Rescue Authority Combination Scheme
1
In paragraph 2 of the Devon and Somerset Fire and Rescue Authority Combination Scheme, after the definition of “constituent authority”, insert—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
In paragraph 6 of that Scheme—
a
in sub-paragraph (2) for “paragraph 7” substitute “paragraphs 7 and 7A”, and
b
omit sub-paragraph (3).
3
For paragraph 7 of that Scheme substitute—
7
1
Each constituent authority must, so far as is practicable, appoint such number of representatives to be members of the Authority as 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.
2
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
7A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
7B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 8 of that Scheme, after “the Authority”, insert “appointed by a constituent authority”.
6
After that paragraph, insert—
8A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 7A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 9 and 10(2).
7
In paragraph 11 of that Scheme—
a
in sub-paragraph (1), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”, and
b
in sub-paragraph (3), after “member of the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 15 of that Scheme for “to 104” substitute “, 102(1) to (5), 103, 104”
SCHEDULE 19Variation of the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme
1
In paragraph 2 of the Dorset and Wiltshire Fire and Rescue Authority Combination Scheme, after the definition of “constituent authorities”, insert—
“relevant police and crime commissioner” means a police and crime commissioner—
- a
whose area is the same as, or contains all of, the combined area, or
- b
all or part of whose area falls within the combined area
2
In paragraph 6 of that Scheme—
a
in sub-paragraph (1), for “paragraph 7” substitute “paragraphs 7 and 7A”;
b
for sub-paragraph (2) substitute—
2
The members of the Authority are to be appointed in accordance with this Part.
3
In paragraph 7, after sub-paragraph (2), insert—
3
Each representative appointed by a constituent authority under sub-paragraph (1) must be appointed from its own members.
4
After that paragraph, insert—
7A
1
The Authority may appoint a relevant police and crime commissioner to be a member of the Authority.
2
But the Authority may only make such an appointment in response to a request from the commissioner.
3
If the Authority receives a request from a relevant police and crime commissioner, it 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.
7B
1
Sub-paragraph (2) applies where a relevant police and crime commissioner—
a
is appointed as a member of the Authority, and
b
arranges, under section 18 of the Police Reform and Social Responsibility Act 2011, for another person to attend a meeting of the Authority on the commissioner’s behalf.
2
Where this sub-paragraph applies, the person attending the meeting on behalf of the commissioner may speak at that meeting but—
a
may not vote, and
b
is not to be treated as a member of the Authority for any purpose.
5
In paragraph 8 of that Scheme, after “the Authority” insert “appointed by a constituent authority”.
6
After that paragraph, insert—
8A
1
A relevant police and crime commissioner appointed as a member of the Authority under paragraph 7A—
a
comes into office on the date of that appointment, and
b
continues to be a member of the Authority until the commissioner’s term of office comes to an end in accordance with section 50(7)(b) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”).
2
But if a vacancy arises in the office of the relevant police and crime commissioner (see section 59 of the 2011 Act) before the end of that term, the commissioner ceases to be a member of the Authority on the date on which the vacancy in the office is regarded under section 59(1) of the 2011 Act as occurring.
3
This paragraph is subject to paragraphs 9 and 11.
7
In paragraph 12 of that Scheme—
a
in sub-paragraph (1), after “the Authority”, in the first place it appears, insert “appointed by a constituent authority”;
b
in sub-paragraph (3), after “the Authority”, in the first place it appears, insert “appointed by a constituent authority”.
8
In paragraph 17 of that Scheme for “to 103” substitute “, 102(1) to (5), 103”.
(This note is not part of the Regulations)