Fire and Rescue Services Act 2004
The fire and rescue authority for an area is the authority determined under this section.
In England—
a non-metropolitan county council is the fire and rescue authority for the county;
a non-metropolitan district council for an area for which there is no county council is the fire and rescue authority for the area;
the London Fire Commissioner is the fire and rescue authority for Greater London;
a metropolitan county fire and civil defence authority is the fire and rescue authority for the county;
the Council of the Isles of Scilly is the fire and rescue authority for the Isles of Scilly;
a mayoral combined authority or mayoral CCA is the fire and rescue authority for the whole of its area if the Secretary of State designates it as the fire and rescue authority for that area in accordance with section 1A(1);
a mayoral combined authority or mayoral CCA is the fire and rescue authority for a part of its area if the Secretary of State— in accordance with section 1A(2) and (3).
specifies that part of its area, and
designates it as the fire and rescue authority for that part of its area,
In Wales—
a county council is the fire and rescue authority for the county;
a county borough council is the fire and rescue authority for the county borough.
If a mayoral combined authority or mayoral CCA is the fire and rescue authority for an area by virtue of subsection (2)(f) or (g), a council or other authority is not the fire and rescue authority for that area by virtue of subsection (2)(a) to (e) or section 2 or 4.
This section is subject to —
sections 2 and 4 (schemes constituting combined fire and rescue authorities for particular areas), and
sections 4A and 4B (orders providing for police and crime commissioners to be fire and rescue authorities).
The functions of a mayoral combined authority or mayoral CCA as a fire and rescue authority are functions of the mayoral combined authority or mayoral CCA exercisable only by the mayor on behalf of the combined authority or CCA.
Schedule ZA1 makes provision about mayoral combined authorities or CCAs that are fire and rescue authorities.
This section is also subject to—
an order under Part 6 of the Local Democracy, Economic Development and Construction Act 2009 which transfers the functions of a fire and rescue authority to a combined authority established under section 103 of that Act;
an order under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 which transfers the functions of a fire and rescue authority to a combined county authority established under section 9(1) of that Act.
The Secretary of State may by order make a scheme constituting a fire and rescue authority for the combined area of two or more existing fire and rescue authorities.
A scheme under this section may be made only if condition A or B is met.
economy, efficiency and effectiveness, or
public safety,
A scheme under this section may be made by the Secretary of State—
to give effect to a draft scheme submitted to him by the existing authorities in question, or
on his own initiative.
Condition A: it appears to the Secretary of State that, in the interests of— there should be a single fire and rescue authority for the combined area.
A scheme under this section made as mentioned in subsection (3)(a) may include any modifications to the draft scheme which seem appropriate to the Secretary of State after consulting the existing authorities in question.
Condition B: the scheme—
is made in consequence of an order under section 1A, and
provides for a combined area that is wholly in England and is outside Greater London.
Before making a scheme under this section as mentioned in subsection (3)(b) the Secretary of State must consult—
the existing authorities in question,
any local authority all or part of whose area forms part of the combined area, and
any other persons he considers appropriate.
Subsections (3) to (5), (8)(a), (9)(a), (c) and (d) do not apply to a scheme made where condition B is met.
The Secretary of State may by order vary or revoke a scheme under this section but before doing so must consult—
any fire and rescue authority which appears to him likely to be affected,
any other authority which would, apart from the scheme, be a fire and rescue authority under section 1 and which appears to him likely to be affected,
any local authority all or part of whose area forms part of the combined area or would, under the scheme as varied, form part of the combined area, and
any other persons he considers appropriate.
An order under subsection (6) varying or revoking a scheme may include provision for the transfer of staff, property, rights and liabilities from the combined fire and rescue authority to any other fire and rescue authority.
The Secretary of State ...—
must cause an inquiry to be held before making a scheme as mentioned in subsection (3)(b), ...
where a scheme constituted a fire and rescue authority for an area in England, must cause an inquiry to be held before varying or revoking the scheme under this section, or
where a scheme constituted a fire and rescue authority for an area in Wales, must cause an inquiry to be held before—
varying the scheme in a way which changes the combined area (and may cause an inquiry to be held before varying the scheme in any other way), or
revoking the scheme.
The Secretary of State is not required to cause an inquiry to be held under subsection (8) (but may do so) if—
in a case within subsection (8)(a), the existing authorities in question agree to the making of the scheme,
in a case within subsection (8)(b) or (c), the combined fire and rescue authority and any other authority which would, apart from the scheme, be a fire and rescue authority under section 1 and which would be affected by the variation or revocation, agree to the variation or revocation,
in any case, it appears to the Secretary of State that the scheme, variation or revocation is to be made solely for the purpose of giving effect to an order under Part 4 of the Local Government Act 1972 (c. 70), ... Part 1 of the Local Government and Public Involvement in Health Act 2007 or Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013, or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021, or
in any case, the Secretary of State considers that, in the interests of public safety, the scheme should be made, varied or revoked without delay.
Subsection (11) applies if—
an order is made under Part 4 of the Local Government Act 1972 (c. 70), ... Part 1 of the Local Government and Public Involvement in Health Act 2007 or Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013, or regulations are made under Part 7 of the Local Government and Elections (Wales) Act 2021, in relation to any area, but
the order, or any provision of the order, has not come into force.
The duty to consult under subsection (6) does not apply if—
the scheme constituted a fire and rescue authority for an area in England, and
the variation or revocation has been proposed by the fire and rescue authority.
If this subsection applies— but a scheme so made may not come into force before the order or provision does.
a scheme under this section may be made as if the order or provision referred to in subsection (10)(b) were in force, and
this section has effect in relation to any scheme so made, or proposed to be so made, as if the order or provision were in force;
This section is subject to section 1(2A).
A combined fire and rescue authority constituted under a scheme under section 2 must be constituted as a body corporate.
A scheme under section 2 may, subject to this section, make any supplementary and incidental provision which the Secretary of State considers appropriate.
In particular, a scheme under section 2 may make provision about—
the composition of the combined authority (including provision for the appointment of members by the existing authorities or by the Secretary of State , by the Secretary of State or, in the case of a combined authority for an area which is wholly within England, by the combined authority );
the proceedings of the combined authority (including different provision in respect of the voting rights of different categories of member);
the financing of the combined authority (including provision for the payment of expenses out of a combined fire and rescue service fund maintained by the existing authorities);
the discharge of the functions of the combined authority (including provision for the discharge of functions by committees);
officers of the combined authority;
the acquisition, appropriation and disposal of land by the combined authority (including provision for the acquisition of land by agreement or compulsorily);
the transfer of staff, property, rights and liabilities to or from the combined authority;
the payment of compensation in respect of loss suffered by any person in consequence of the constitution of the combined authority.
A scheme under section 2 may not make provision for the appointment by the Secretary of State of a number of members equal to, or exceeding, half the total number of members capable of being appointed.
If a scheme under section 2 provides for members of a combined authority to be appointed by the Secretary of State, it must also provide that any decision of the authority to— must be approved by more than half of the members of the authority not appointed by the Secretary of State.
issue a precept under section 40 of the Local Government Finance Act 1992 (c. 14), or
make the calculations required by section 43 of that Act,
The following provisions apply if a scheme under section 2 provides for members of a combined authority to be appointed by the authority.
The scheme must provide that a relevant police and crime commissioner may only be appointed as a member of the authority in response to a request by the commissioner.
The scheme must provide that, if such a request is made to the authority, the authority must—
consider the request,
give reasons for its decision to agree to or refuse the request, and
publish those reasons in such manner as it thinks appropriate.
In this section “relevant police and crime commissioner”, in relation to a combined authority, means a police and crime commissioner—
whose area is the same as, or contains all of, the area of the authority, or
all or part of whose area falls within the area of the authority.
The Secretary of State may by order provide—
for the creation of a corporation sole as the fire and rescue authority for the area specified in the order, and
for the person who is for the time being the police and crime commissioner for the relevant police area to be for the time being that fire and rescue authority.
In subsection (1) “the relevant police area” means the police area which—
is the same as the area of the fire and rescue authority created by the order, or
if the order creates two or more fire and rescue authorities, is the same as the areas of those authorities taken together.
The whole of an area of a fire and rescue authority created by an order under this section must be—
within England, and
outside the metropolitan police district and the City of London police area.
An order under this section may be made only if the relevant police and crime commissioner has submitted a proposal for the order to the Secretary of State.
An order under this section may be made only if it appears to the Secretary of State that—
it is in the interests of economy, efficiency and effectiveness for the order to be made, or
it is in the interests of public safety for the order to be made.
The Secretary of State may not make an order under this section in a case within subsection (5)(a) if the Secretary of State thinks that the order would have an adverse effect on public safety.
In this section “relevant police and crime commissioner” has the same meaning as in Schedule A1; and that Schedule makes further provision about the procedure for an order under this section.
An order under section 4A may make alterations to the areas of fire and rescue authorities in England outside Greater London.
The alterations that may be made by virtue of subsection (1) include alterations that result in a reduction or an increase in the number of such areas.
An order under section 4A(1) may make provision for the abolition of—
a metropolitan county fire and rescue authority,
a combined fire and rescue authority constituted by a scheme under section 2,
a combined fire and rescue authority constituted by a scheme to which section 4 applies, or
a fire and rescue authority created by an order under section 4A(1).
This section applies if the Secretary of State makes an order under section 4A.
The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities from an existing fire and rescue authority (“the transferor”) to the fire and rescue authority created by the order (“the transferee”).
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme;
criminal liabilities.
A transfer scheme may make supplementary, incidental, transitional and consequential provision and may in particular—
create rights, or impose liabilities, in relation to property or rights transferred;
make provision about the continuing effect of things done by the transferor in respect of anything transferred;
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
make provision for the shared ownership or use of property.
A transfer scheme may provide—
for the scheme to be modified by agreement after it comes into effect, and
for any such modifications to have effect from the date when the original scheme comes into effect.
In this section—
references to the transfer of property include the grant of a lease;
references to rights and liabilities include rights and liabilities under a contract of employment.
A person who is a fire and rescue authority created by an order under section 4A is to be paid allowances, in respect of expenses incurred by the person in the exercise of the authority’s functions, which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this subsection.
A determination under subsection (1) may make different provision for different cases.
Payments under subsection (1) are to be made by the fire and rescue authority.
A fire and rescue authority created by an order under section 4A must appoint a person to be responsible for the proper administration of the authority’s financial affairs (a “chief finance officer”).
A fire and rescue authority created by an order under section 4A must appoint a person to act as chief finance officer of the authority if and so long as—
that post is vacant, or
the holder of that post is, in the authority’s opinion, unable to carry out the duties of that post.
Section 113 of the Local Government Finance Act 1988 (qualifications of responsible officer) applies to a person appointed under subsection (4) or (5) as it applies to the persons having responsibility for the administration of financial affairs mentioned in that section.
A fire and rescue authority created by an order under section 4A may—
appoint such other staff as the authority thinks appropriate to enable the authority to exercise the functions of the authority;
pay remuneration, allowances and gratuities to members of the authority’s staff.
In subsection (7) “allowances”, in relation to a member of the authority’s staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.
A fire and rescue authority created by an order under section 4A may pay—
pensions to, or in respect of, persons who are or have been members of the authority’s staff, and
amounts for or towards the provision of pensions to, or in respect of, persons who are or have been members of the authority’s staff.
An order under section 4A may make provision—
about the delegation by the fire and rescue authority created by the order of the authority’s functions to the person who is for the time being the relevant deputy police and crime commissioner;
about the further delegation of such functions by that person to a member of staff of the authority or of the relevant police and crime commissioner;
about the delegation by the authority of such functions to a member of staff of the authority or of the relevant police and crime commissioner.
In subsection (10)—
“the relevant police and crime commissioner” means the police and crime commissioner for that police area.
References in subsection (10) to a member of staff of a police and crime commissioner are to any of the following persons appointed under Schedule 1 to the Police Reform and Social Responsibility Act 2011—
the commissioner’s chief executive;
the commissioner’s chief finance officer;
other staff.
Provision made under subsection (10) may—
enable the delegation of any of the functions of the fire and rescue authority;
enable the delegation of any of the functions of the authority other than those specified or described in the order;
enable the delegation of the functions of the authority specified or described in the order.
An order under section 4A may make provision about—
the personal liability of a person who is the fire and rescue authority created by the order for acts or omissions done by the person in the exercise of the authority’s functions;
the personal liability of a person who is a member of staff of the fire and rescue authority created by the order for acts or omissions done by the person in the carrying out of duties as a member of staff.
A fire and rescue authority created by an order under section 4A may acquire land compulsorily.
The Acquisition of Land Act 1981 applies in relation to the compulsory purchase of land pursuant to subsection (15).
Each fire and rescue authority created by an order under section 4A must keep a fund to be known as the fire fund.
All of the receipts of a fire and rescue authority created by an order under section 4A must be paid into the relevant fire fund.
All of the expenditure of a fire and rescue authority created by an order under section 4A must be paid out of the relevant fire fund.
A fire and rescue authority created by an order under section 4A must keep accounts of payments made into or out of the relevant fire fund.
Subsections (2) and (3) are subject to the provisions of—
the scheme established under section 26 of the Fire Services Act 1947 (Firemen’s Pension Scheme) (as continued in force by order under section 36),
a scheme under section 34 (pensions etc), or
scheme regulations within the meaning of the Public Service Pensions Act 2013.
In this section “relevant fire fund”, in relation to a fire and rescue authority created by an order under section 4A, means the fire fund which that authority keeps.
A fire and rescue authority created by an order under section 4A must exercise its functions efficiently and effectively.
A person who is the fire and rescue authority by virtue of an order under section 4A may not act in that office unless the person has made and delivered a declaration of acceptance of office under section 70 of the Police Reform and Social Responsibility Act 2011 in accordance with that section.
Subsections (4) and (5) apply if—
an order under section 4A has effect for the area of a fire and rescue authority, and
an acting commissioner is appointed under section 62 of the Police Reform and Social Responsibility Act 2011 for the police area—
which corresponds to the area of the fire and rescue authority, or
within which the area of the fire and rescue authority falls.
The acting commissioner is to act as the fire and rescue authority for the period of the acting commissioner’s appointment.
Accordingly—
all of the functions of the fire and rescue authority are exercisable by the acting commissioner during that period, and
any property or rights vested in the fire and rescue authority may be dealt with by the acting commissioner in that period as if vested in the acting commissioner.
Subsection (7) applies if a person elected as police and crime commissioner for a police area—
is disqualified from being, or being elected as, a police and crime commissioner, or
is disqualified from being, or being elected as, the police and crime commissioner for that area.
Any acts of the person when acting in the office of fire and rescue authority are, despite that disqualification, as valid and effectual as if the person had not been disqualified.
The transitional provision which may be made by an order under section 4A by virtue of section 60(2)(b) includes, in particular, provision of the kind described in the following provisions of this section.
An order under section 4A may make provision for a specified person to be the shadow fire and rescue authority for the area to which the order relates for a specified period.
A shadow fire and rescue authority is a person who has the specified functions of a fire and rescue authority in relation to that area, but is not otherwise the fire and rescue authority for that area.
An order under section 4A which includes provision by virtue of subsection (2) may make provision about the operation of any enactment in relation to—
the shadow fire and rescue authority, or
any other person to whom the enactment would otherwise apply.
This includes provision for the enactment to apply with modifications in relation to a person within subsection (4)(a) or (b).
An order under section 4A may make provision about the operation of the Local Government Finance Act 1992 in relation to the fire and rescue authority created by the order during a specified period beginning with the time when the authority becomes the fire and rescue authority for the area to which the order relates.
This includes provision for that Act to apply for that period with modifications in relation to—
the authority, or
any other person to whom that Act would otherwise apply.
Provision under subsection (4) or (6) may, in particular, make different provision for different parts of an authority’s area.
In this section—
“specified” means specified in an order under section 4A;
“enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
references to the Local Government Finance Act 1992 include any provision made under that Act.
The Secretary of State may by order make provision about—
the delegation of functions of a fire and rescue authority created, or to be created, by an order under section 4A to the chief constable of the police force for the police area—
which corresponds to the area of the fire and rescue authority, or
within which the area of the fire and rescue authority falls;
the delegation by such a chief constable of the chief constable’s fire and rescue functions.
Provision made under subsection (1) may—
enable the delegation of any of the functions mentioned in that subsection;
enable the delegation of any of the functions mentioned in that subsection other than those specified or described in the order;
enable the delegation of such of the functions mentioned in that subsection as are specified or described in the order.
Provision made under subsection (1)(b) may enable delegation to—
members of the chief constable’s police force;
the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011;
members of staff transferred to the chief constable under a scheme under section 4I(1);
members of staff appointed by the chief constable under section 4I(4).
An order under this section may be made only if the relevant police and crime commissioner has submitted a proposal for the order to the Secretary of State.
An order under this section may be made only if it appears to the Secretary of State that—
it is in the interests of economy, efficiency and effectiveness for the order to be made, or
it is in the interests of public safety for the order to be made.
The Secretary of State may not make an order under this section in a case within subsection (5)(a) if the Secretary of State thinks that the order would have an adverse effect on public safety.
In this section “relevant police and crime commissioner” has the same meaning as in Schedule A1; and that Schedule makes provision about the procedure for an order under this section which is not combined, or not proposed to be combined, with an order under section 4A (see in particular paragraph 7 of that Schedule).
In this section “fire and rescue functions”, in relation to a chief constable, means—
functions which are delegated to the chief constable under provision made under subsection (1)(a), and
functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.
This section is subject to section 37 (prohibition on employment of police in fire-fighting).
If an order is made under section 4H, the Secretary of State may make one or more schemes for the transfer of property, rights and liabilities—
from a fire and rescue authority to the chief constable to whom the order applies, or
from that chief constable to the fire and rescue authority to which the order applies.
The fire and rescue authority mentioned in subsection (1)(a) may be one created by an order under section 4A or another kind of fire and rescue authority.
Subsections (3) to (6) of section 4C apply to a transfer scheme under subsection (2) as they apply to a transfer scheme under that section.
A chief constable to whom an order under section 4H applies may appoint staff for the purpose of the exercise of the chief constable’s fire and rescue functions.
A chief constable to whom an order under section 4H applies may—
pay remuneration, allowances and gratuities to members of the chief constable’s fire and rescue staff;
pay pensions to, or in respect of, persons who are or have been such members of staff;
pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff.
In subsection (5) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.
Subject to subsections (8) to (10), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (4) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011.
Where an order under section 4H is in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force’s chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of the chief constable’s fire and rescue functions.
Subsection (7) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions.
In subsection (9)—
“finance officer for fire functions” means a member of a chief constable’s fire and rescue staff who—
is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of the chief constable’s fire and rescue functions;
Where an order under section 4H is in force, the fire and rescue authority to which the order applies must pay—
any damages or costs awarded against the chief constable to whom the order applies in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff;
any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings;
any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff, if the settlement is approved by the authority.
Where an order under section 4H is in force, the fire and rescue authority to which the order applies may, in such cases and to such extent as appears to the authority to be appropriate, pay—
any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the order applies in proceedings for any unlawful conduct of that member of staff;
costs incurred and not recovered by such a member of staff in such proceedings;
sums required in connection with the settlement of a claim that has or might have given rise to such proceedings.
In this section—
This section applies if—
an order under section 4H makes provision in relation to the area of a fire and rescue authority, and
under the order, functions of the fire and rescue authority are delegated to the chief constable of the police force for the police area—
which corresponds to the area of the fire and rescue authority, or
within which the area of the fire and rescue authority falls.
The chief constable must secure that good value for money is obtained in exercising—
functions which are delegated under the order, and
functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.
The chief constable must secure that persons exercising functions delegated by the chief constable under the order obtain good value for money in exercising those functions.
The fire and rescue authority must—
secure the exercise of the duties which are delegated to the chief constable under the order,
secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment,
secure that functions which are delegated to the chief constable under the order are exercised efficiently and effectively, and
secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively.
The fire and rescue authority must hold the chief constable to account for the exercise of such functions.
If an order is made under section 4H(1)(b) that enables delegation to members of a police force or the civilian staff of a police force, the Secretary of State may by order amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.
If an order is made under section 4H(1)(b) that enables delegation to members of staff transferred to a chief constable under a scheme under section 4I(1) or appointed by a chief constable under section 4I(4), the Secretary of State may by order make provision of the type described in subsection (3) in relation to those members of staff.
The provision referred to in subsection (2) is—
provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002;
provision applying (with or without modifications) any provision made by or under Part 2 of that Act.
The Secretary of State may by order, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002.
Before making an order under this section the Secretary of State must consult—
the Police Advisory Board for England and Wales,
the Director General of the Independent Office for Police Conduct,
such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and
such other persons as the Secretary of State considers appropriate.
The Secretary of State may by order—
apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2);
make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment.
Those persons are—
a chief constable of a police force for a police area to whom an order under section 4H applies,
a member of staff transferred to such a chief constable under a scheme under section 4I(1),
a member of staff appointed by such a chief constable under section 4I(4),
a member of such a chief constable’s police force to whom functions have been delegated by virtue of section 4H(1)(b), and
a member of the civilian staff of such a police force (as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011) to whom functions have been delegated by virtue of section 4H(1)(b).
The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a fire and rescue enactment or make provision corresponding or similar to any such provision.
The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).
In this section “fire and rescue enactment” means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority). This includes an enactment contained in this Act.
References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.
Schedule A2 makes provision about the application, in relation to a fire and rescue authority created by an order under section 4A, of legislation relating to police and crime commissioners.
The Secretary of State may by order—
apply (with or without modifications) any provision of a local policing enactment in relation to a fire and rescue authority created by an order under section 4A;
make, in relation to a fire and rescue authority created by an order under section 4A, provision corresponding or similar to any provision of a local policing enactment.
The power conferred by subsection (2)(a) or (b) includes power to apply (with or without modifications) any provision made by or under a local policing enactment or make provision corresponding or similar to any such provision.
The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (2).
In this section “local policing enactment” means an enactment relating to a police and crime commissioner.
References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.
This section applies to a scheme approved under section 5 of the Fire Services Act 1947 (c. 41) (voluntary schemes for combining fire authorities), or made under section 6 of that Act (combination schemes made by the Secretary of State), which is in force immediately before the repeal of those sections by this Act.
A scheme to which this section applies continues to have effect despite that repeal.
The combined authority constituted by a scheme to which this section applies is the fire and rescue authority for the area for which it is constituted.
The Secretary of State may by order vary or revoke a scheme to which this section applies.
Before making an order under subsection (4) in relation to a scheme the Secretary of State must consult—
any fire and rescue authority which appears to him likely to be affected,
any other authority which would, apart from the scheme, be a fire and rescue authority under section 1 and which appears to him likely to be affected,
any local authority all or part of whose area forms part of the combined area or would, under the scheme as varied, form part of the combined area, and
any other persons he considers appropriate.
Before making an order under subsection (4) varying or revoking a scheme the Secretary of State —
where the scheme constituted a fire and rescue authority for an area in England, must cause an inquiry to be held, and
where the scheme constituted a fire and rescue authority for an area in Wales, must cause an inquiry to be held if under the order—
the scheme would be varied in a way which changes the combined area (and may cause an inquiry to be held if the scheme would be varied in any other way), or
the scheme would be revoked.
The duty to consult under subsection (5) does not apply if—
the scheme constituted a fire and rescue authority for an area in England, and
the variation or revocation has been proposed by the fire and rescue authority.
The Secretary of State is not required to cause an inquiry to be held under subsection (6) (but may do so) if—
the combined authority and any other authority which would, apart from the scheme, be a fire and rescue authority under section 1 and which would be affected by the variation or revocation, agree to the variation or revocation,
it appears to the Secretary of State that the scheme is to be varied or revoked solely for the purpose of giving effect to an order made under Part 4 of the Local Government Act 1972 (c. 70), ... Part 1 of the Local Government and Public Involvement in Health Act 2007 or Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013, or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021, or
the Secretary of State considers that, in the interests of public safety, the scheme should be varied or revoked without delay.
This section is subject to section 1(2A).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A fire and rescue authority constituted by a scheme under section 2 or a scheme to which section 4 applies has power to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.
Subsection (1) is subject to the provisions of this Act and the scheme.
A relevant fire and rescue authority may do—
anything it considers appropriate for the purposes of the carrying-out of any of its functions (its “functional purposes”),
anything it considers appropriate for purposes incidental to its functional purposes,
anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes,
anything it considers to be connected with—
any of its functions, or
anything it may do under paragraph (a), (b) or (c), and
for a commercial purpose anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.
A relevant fire and rescue authority's power under subsection (1) is in addition to, and is not limited by, the other powers of the authority.
In this section “ relevant fire and rescue authority ” means a fire and rescue authority that is—
a metropolitan county fire and rescue authority,
the London Fire Commissioner,
constituted by a scheme under section 2, ...
constituted by a scheme to which section 4 applies , or
created by an order under section 4A.
Section 5A(1) does not enable a relevant fire and rescue authority to do—
anything which the authority is unable to do by virtue of a pre-commencement limitation, or
anything which the authority is unable to do by virtue of a post-commencement limitation which is expressed to apply—
to its power under section 5A(1),
to all of the authority's powers, or
to all of the authority's powers but with exceptions that do not include its power under section 5A(1).
If exercise of a pre-commencement power of a relevant fire and rescue authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on the authority by section 5A(1) so far as it is overlapped by the pre-commencement power.
Where under section 5A(1) a relevant fire and rescue authority does things for a commercial purpose, it must do them through—
a company within the meaning given by section 1(1) of the Companies Act 2006, or
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969.
Section 5A(1) does not authorise a relevant fire and rescue authority to do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.
Section 5A(1) does not authorise a relevant fire and rescue authority to borrow money.
Section 5A(1) does not authorise the London Fire Commissioner to enter into a contract to which this subsection applies without the consent of the Mayor of London.
Subsection (5A) applies to a contract if—
the Mayor of London has notified the London Fire Commissioner that the Commissioner requires the Mayor’s consent before entering into a contract of a kind specified in the notification, and
the contract is of that kind.
Section 5A(1)(a) to (d) do not authorise a relevant fire and rescue authority to charge a person for any action taken by the authority (but see section 18A).
Section 18B(1) to (8) apply in relation to charging for things done for a commercial purpose in exercise of power conferred by section 5A(1)(e) as they apply in relation to charging under section 18A(1).
In this section— “Act” (except in a reference to the Localism Act 2011) includes an Act, or Measure, of the National Assembly for Wales; “ passed ” in relation to an Act, or Measure, of the National Assembly for Wales means enacted; “ post-commencement limitation ” means a prohibition, restriction or other limitation imposed by a statutory provision that— is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or is contained in an instrument made under an Act and comes into force on or after the commencement of section 9(1) of that Act; “ pre-commencement limitation ” means a prohibition, restriction or other limitation imposed by a statutory provision that— is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 9(1) of that Act; “ pre-commencement power ” means power conferred by a statutory provision that— is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 9(1) of that Act; “relevant fire and rescue authority” has meaning given by section 5A(3); “ statutory provision ” means a provision of an Act or of an instrument made under an Act.
If the appropriate national authority thinks that a statutory provision (whenever passed or made) prevents or restricts relevant fire and rescue authorities from exercising power conferred by section 5A(1), the appropriate national authority may by order amend, repeal, revoke or disapply that provision.
If the appropriate national authority thinks that the power conferred by section 5A(1) is overlapped (to any extent) by another power then, for the purpose of removing or reducing that overlap, the appropriate national authority may by order amend, repeal, revoke or disapply any statutory provision (whenever passed or made).
The appropriate national authority may by order make provision preventing relevant fire and rescue authorities from doing under section 5A(1) anything which is specified, or is of a description specified, in the order.
The appropriate national authority may by order provide for the exercise by relevant fire and rescue authorities of power conferred by section 5A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.
The power under subsection (1), (2), (3) or (4) may be exercised in relation to—
all relevant fire and rescue authorities,
particular relevant fire and rescue authorities, or
particular descriptions of relevant fire and rescue authorities.
Before making an order under subsection (1), (2), (3) or (4) the appropriate national authority proposing to make the order must consult— as that appropriate national authority considers appropriate.
such relevant fire and rescue authorities,
such representatives of relevant fire and rescue authorities, and
such other persons (if any),
Subsection (6) does not apply to an order under subsection (3) or (4) which is made only for the purpose of amending an earlier such order—
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.
The appropriate national authority's power under subsection (1) or (2) is exercisable by the Welsh Ministers so far as it is power to make provision that—
would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly, and
does not relate to a fire and rescue authority for an area in England.
The appropriate national authority's power under subsection (1) or (2) is exercisable by the Secretary of State so far as it is not exercisable by the Welsh Ministers.
The appropriate national authority's power under subsection (3) or (4) is exercisable—
in relation to England by the Secretary of State, and
in relation to Wales by the Welsh Ministers.
In exercising power under subsection (1) or (2), the Secretary of State may make provision which has effect in relation to Wales only after having consulted the Welsh Ministers.
The Welsh Ministers may submit to the Secretary of State proposals that power of the Secretary of State under subsection (1) or (2) in relation to Wales should be exercised in accordance with the proposals.
In subsections (1) and (2) “ statutory provision ” means a provision of— and in this subsection “ Act ” includes an Act, or Measure, of the National Assembly for Wales.
an Act, or
an instrument made under an Act,
In this section “ relevant fire and rescue authority ” has the meaning given by section 5A(3).
Provision may not be made under section 5C(1) unless the appropriate national authority making the provision considers that the conditions in subsection (2), where relevant, are satisfied in relation to that provision.
Those conditions are that—
the effect of the provision is proportionate to the policy objective intended to be secured by the provision;
the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;
the provision does not remove any necessary protection;
the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;
the provision is not of constitutional significance.
An order under section 5C(1) may not make provision for the delegation or transfer of any function of legislating.
For the purposes of subsection (3) a “function of legislating” is a function of legislating by order, rules, regulations or other subordinate instrument.
An order under section 5C(1) may not make provision to abolish or vary any tax.
If, as a result of any consultation required by section 5C(6) and (11) with respect to a proposed order of the Secretary of State under section 5C(1), it appears to the Secretary of State that it is appropriate to change the whole or any part of the Secretary of State's proposals, the Secretary of State must undertake such further consultation with respect to the changes as the Secretary of State considers appropriate.
If, after the conclusion of the consultation required by section 5C(6) and (11) and subsection (1), the Secretary of State considers it appropriate to proceed with the making of an order under section 5C(1), the Secretary of State must lay before Parliament—
a draft of the order, and
an explanatory document explaining the proposals and giving details of—
the Secretary of State's reasons for considering that the conditions in section 5D(2), where relevant, are satisfied in relation to the proposals,
any consultation undertaken under section 5C(6) and (11) and subsection (1),
any representations received as a result of the consultation, and
the changes (if any) made as a result of those representations.
Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 (choosing between negative, affirmative and super-affirmative parliamentary procedure) are to apply in relation to an explanatory document and draft order laid under subsection (2) but as if—
section 18(11) of that Act were omitted,
references to section 14 of that Act were references to subsection (2), and
references to the Minister were references to the Secretary of State.
Provision proposed to be made by the Secretary of State under section 5C(2) may be included in a draft order laid under subsection (2) and, if it is, the explanatory document laid with the draft order must also explain the proposals under section 5C(2) and give details of any consultation undertaken under section 5C(6) and (11) with respect to those proposals.
If, as a result of any consultation required by section 5C(6) with respect to a proposed order of the Welsh Ministers under section 5C(1), it appears to the Welsh Ministers that it is appropriate to change the whole or any part of their proposals, they must undertake such further consultation with respect to the changes as they consider appropriate.
If, after the conclusion of the consultation required by section 5C(6) and subsection (1), the Welsh Ministers consider it appropriate to proceed with the making of an order under section 5C(1), they must lay before the National Assembly for Wales—
a draft of the order, and
an explanatory document explaining the proposals and giving details of—
the Welsh Ministers' reasons for considering that the conditions in section 5D(2), where relevant, are satisfied in relation to the proposals,
any consultation undertaken under section 5C(6) and subsection (1),
any representations received as a result of the consultation, and
the changes (if any) made as a result of those representations.
Provision proposed to be made by the Welsh Ministers under section 5C(2) may be included in a draft order laid under subsection (2) and, if it is, the explanatory document laid with the draft order must also explain the proposals under section 5C(2) and give details of any consultation undertaken under section 5C(6) with respect to those proposals.
The explanatory document laid with a draft order under section 5F(2) must contain a recommendation by the Welsh Ministers as to which of the following should apply in relation to the making of an order pursuant to the draft order—
the negative resolution procedure (see section 5H),
the affirmative resolution procedure (see section 5J), or
the super-affirmative resolution procedure (see section 5K).
The explanatory document must give reasons for the Welsh Ministers' recommendation.
Where the Welsh Ministers' recommendation is that the negative resolution procedure should apply, that procedure applies unless, within the 30-day period—
the National Assembly for Wales requires the application of the super-affirmative resolution procedure, in which case that procedure applies, or
in a case not within paragraph (a), the Assembly requires the application of the affirmative resolution procedure, in which case that procedure applies.
Where the Welsh Ministers' recommendation is that the affirmative resolution procedure should apply, that procedure applies unless, within the 30-day period, the National Assembly for Wales requires the application of the super-affirmative resolution procedure, in which case the super-affirmative resolution procedure applies.
Where the Welsh Ministers' recommendation is that the super-affirmative resolution procedure should apply, that procedure applies.
For the purposes of this section, the National Assembly for Wales is to be taken to have required the application of a procedure within the 30-day period if—
the Assembly resolves within that period that that procedure is to apply, or
in a case not within paragraph (a), a committee of the Assembly charged with reporting on the draft order has recommended within that period that that procedure should apply and the Assembly has not by resolution rejected that recommendation within that period.
In this section “ the 30-day period ” means the 30 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2).
For the purposes of this Part, “ the negative resolution procedure ” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows.
The Welsh Ministers may make an order in the terms of the draft order subject to the following provisions of this section.
The Welsh Ministers may not make an order in the terms of the draft order if the National Assembly for Wales so resolves within the 40-day period.
A committee of the National Assembly for Wales charged with reporting on the draft order may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend under this subsection that the Welsh Ministers not make an order in the terms of the draft order.
Where a committee of the National Assembly for Wales makes a recommendation under subsection (4) in relation to a draft order, the Welsh Ministers may not make an order in the terms of the draft order unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.
For the purposes of this section an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.
In this section—
“City of London police area” means the City of London as defined for the purposes of the Acts relating to the City of London police force;
For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (4) by a committee of the National Assembly for Wales but the recommendation is rejected by the Assembly under subsection (5), no account is to be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.
For the purposes of this Part, “ the affirmative resolution procedure ” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows.
If after the expiry of the 40-day period the draft order is approved by a resolution of the National Assembly for Wales, the Welsh Ministers may make an order in the terms of the draft.
However, a committee of the National Assembly for Wales charged with reporting on the draft order may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend under this subsection that no further proceedings be taken in relation to the draft order.
Where a committee of the National Assembly for Wales makes a recommendation under subsection (3) in relation to a draft order, no proceedings may be taken in relation to the draft order in the Assembly under subsection (2) unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.
For the purposes of subsection (2) an order is made in the terms of a draft order if the order contains no material changes to the provisions of the draft order.
In this section—
For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (3) by a committee of the National Assembly for Wales but the recommendation is rejected by the Assembly under subsection (4), no account is to be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.
For the purposes of this Part, “ the super-affirmative resolution procedure ” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows.
The Welsh Ministers must have regard to— made during the 60-day period in relation to the draft order.
any representations,
any resolution of the National Assembly for Wales, and
any recommendation of a committee of the Assembly charged with reporting on the draft order,
If, after the expiry of the 60-day period, the Welsh Ministers want to make an order in the terms of the draft order, they must lay before the National Assembly for Wales a statement—
stating whether any representations were made under subsection (2)(a), and
if any representations were so made, giving details of them.
The Welsh Ministers may after the laying of such a statement make an order in the terms of the draft order if it is approved by a resolution of the National Assembly for Wales.
However, a committee of the National Assembly for Wales charged with reporting on the draft order may, at any time after the laying of a statement under subsection (3) and before the draft order is approved by the Assembly under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft order.
Where a committee of the National Assembly for Wales makes a recommendation under subsection (5) in relation to a draft order, no proceedings may be taken in relation to the draft order in the Assembly under subsection (4) unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.
If, after the expiry of the 60-day period, the Welsh Ministers wish to make an order consisting of a version of the draft order with material changes, they must lay before the National Assembly for Wales—
a revised draft order, and
a statement giving details of—
any representations made under subsection (2)(a), and
the revisions proposed.
The Welsh Ministers may after laying a revised draft order and statement under subsection (7) make an order in the terms of the revised draft order if it is approved by a resolution of the National Assembly for Wales.
However, a committee of the National Assembly for Wales charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (7) and before it is approved by the Assembly under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.
Where a committee of the National Assembly for Wales makes a recommendation under subsection (9) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in the Assembly under subsection (8) unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.
For the purposes of subsections (4) and (8) an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.
In this section “ the 60-day period ” means the 60 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2).
In calculating any period of days for the purposes of sections 5G to 5K, no account is to be taken of any time during which the National Assembly for Wales is dissolved or during which the Assembly is in recess for more than four days.
In this Part—
“mayoral CCA” 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);
“police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).
A fire and rescue authority must make provision for the purpose of promoting fire safety in its area.
In making provision under subsection (1) a fire and rescue authority must in particular, to the extent that it considers it reasonable to do so, make arrangements for—
the provision of information, publicity and encouragement in respect of the steps to be taken to prevent fires and death or injury by fire;
the giving of advice, on request, about—
how to prevent fires and restrict their spread in buildings and other property;
the means of escape from buildings and other property in case of fire.
A fire and rescue authority must make provision for the purpose of—
extinguishing fires in its area, and
protecting life and property in the event of fires in its area.
In making provision under subsection (1) a fire and rescue authority must in particular—
secure the provision of the personnel, services and equipment necessary efficiently to meet all normal requirements;
secure the provision of training for personnel;
make arrangements for dealing with calls for help and for summoning personnel;
make arrangements for obtaining information needed for the purpose mentioned in subsection (1);
make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in subsection (1).
The Secretary of State may by order designate a mayoral combined authority or mayoral CCA as the fire and rescue authority for the whole of its area.
The Secretary of State may—
by order specify a part of the area of a mayoral combined authority or mayoral CCA, and
by order designate the mayoral combined authority or mayoral CCA as the fire and rescue authority for the specified part of its area.
But, if the Secretary of State exercises the powers conferred by subsection (2) in relation to a particular mayoral combined authority or mayoral CCA (the “relevant mayoral authority”), the Secretary of State must ensure that those powers are exercised so as to secure that—
two or more parts are specified under subsection (2)(a) which, when taken together, consist of the whole of the area of the relevant mayoral authority;
the relevant mayoral authority is designated as the fire and rescue authority for each specified part;
all of those designations come into effect at the same time.
Accordingly, where the powers conferred by subsection (2) are exercised in relation to the relevant mayoral authority—
there are separate fire and rescue authorities for each area specified under subsection (2)(a);
the fire and rescue authority for each of those areas is the relevant mayoral authority.
The Secretary of State may by order provide for the name by which an area specified under subsection (2)(a) is to be known.
An order under subsection (1) or (2)(a) or (b) may make consequential alterations to any other—
section 1A(2) area,
section 2 combined area, or
section 4 combined area.
The alterations that may be made by virtue of subsection (6) include alterations that result in a reduction or an increase in the number of such areas.
An order under subsection (1) or (2)(a) or (b) may make provision for the abolition of—
a metropolitan county fire and rescue authority,
a combined fire and rescue authority constituted by a scheme under section 2, or
a combined fire and rescue authority constituted by a scheme to which section 4 applies.
The provision that may be made by regulations under section 56 of the English Devolution and Community Empowerment Act 2026 (incidental etc provision) for the purposes of, or in consequence of, an order under subsection (1) or (2)(a) or (b) relating to a particular mayoral combined authority or mayoral CCA and particular area includes—
provision for functions of a fire rescue authority to be exercisable in relation to the area by the mayoral combined authority or mayoral CCA during a shadow period (and not by any fire and rescue authority by which those functions would otherwise be exercisable);
provision for those functions to be exercisable only by the mayor on behalf of the mayoral combined authority or mayoral CCA;
provision about who is to scrutinise the exercise of those functions;
any other incidental, consequential, transitional, transitory or supplementary provision.
In this section—
“general Category 2 responder” means a person who falls within Part 3 of Schedule 1 to the Civil Contingencies Act 2004;
“section 2 combined area” means an area for which a combined fire and rescue authority is, or used to be, constituted by a scheme under section 2 (including such an area as varied from time to time);
A fire and rescue authority must make provision for the purpose of—
rescuing people in the event of road traffic accidents in its area;
protecting people from serious harm, to the extent that it considers it reasonable to do so, in the event of road traffic accidents in its area.
In making provision under subsection (1) a fire and rescue authority must in particular—
secure the provision of the personnel, services and equipment necessary efficiently to meet all normal requirements;
secure the provision of training for personnel;
make arrangements for dealing with calls for help and for summoning personnel;
make arrangements for obtaining information needed for the purpose mentioned in subsection (1);
make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose mentioned in subsection (1).
The Secretary of State may by order confer on a fire and rescue authority functions relating to emergencies, other than fires and road traffic accidents in relation to which the authority has functions under section 7 or 8.
An order under this section may require functions conferred on a fire and rescue authority under this section to be discharged outside the authority’s area.
An order under this section may make provision as to what a fire and rescue authority must or may do for the purpose of a function conferred under this section, and may in particular require or authorise a fire and rescue authority—
to secure the provision of personnel, services and equipment;
to secure the provision of training for personnel;
to make arrangements for dealing with calls for help and for summoning personnel;
to make arrangements for obtaining information needed for the purpose of discharging the function;
to make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from discharging the function.
An order under this section may confer a function, including a function of providing particular equipment, on a particular authority.
Before making an order under this section the Secretary of State must consult any persons he considers appropriate.
The Secretary of State may direct a fire and rescue authority to take, or not to take, action specified in the direction in relation to—
a fire specified in the direction, or
an emergency of another kind specified in the direction.
A direction under this section may require a fire and rescue authority to act outside the authority’s area.
A direction under this section may be varied or revoked by a further such direction.
A fire and rescue authority may take any action it considers appropriate—
in response to an event or situation of a kind mentioned in subsection (2);
for the purpose of enabling action to be taken in response to such an event or situation.
The event or situation is one that causes or is likely to cause—
one or more individuals to die, be injured or become ill;
harm to the environment (including the life and health of plants and animals).
The power conferred by subsection (1) includes power to secure the provision of equipment.
The power conferred by subsection (1) may be exercised by an authority outside as well as within the authority’s area.
A fire and rescue authority may provide the services of any persons employed by it or any equipment maintained by it to any person for any purpose that appears to the authority to be appropriate.
A fire and rescue authority may provide services under this section outside as well as within the authority’s area.
A fire and rescue authority must, so far as practicable, enter into a reinforcement scheme with other fire and rescue authorities.
A reinforcement scheme is a scheme for securing mutual assistance as between fire and rescue authorities for the purpose of discharging the functions conferred under section 7, 8 or 9 on any of the authorities participating in the scheme.
A reinforcement scheme may make provision for apportioning between the authorities participating in the scheme any expenses incurred in taking measures to secure the efficient operation of the scheme.
The fire and rescue authorities participating in a reinforcement scheme must notify the Secretary of State of—
the making of the scheme;
the variation of the scheme;
the revocation of the scheme.
The fire and rescue authorities participating in a reinforcement scheme must give effect to it.
This section applies if—
a fire and rescue authority has asked one or more other fire and rescue authorities to agree to the making, variation or revocation of a reinforcement scheme,
the authorities are unable to agree to the making, terms, variation or revocation of the scheme, and
one of the authorities asks the Secretary of State to act under this section.
The Secretary of State may direct the authorities concerned—
to make a reinforcement scheme in the terms specified in the direction;
to make one or more specified variations to a reinforcement scheme;
to revoke a reinforcement scheme.
Before giving a direction under subsection (2) the Secretary of State—
must give both (or all) the authorities concerned an opportunity to make representations to him;
may cause an inquiry to be held.
A fire and rescue authority may enter into arrangements with a person who employs fire-fighters for securing the provision by that person of assistance for the purpose of the discharge by the authority of a function conferred on it under section 7, 8 or 9.
But a fire and rescue authority may not enter into arrangements under this section with another fire and rescue authority.
Arrangements under this section may include provision as to the terms on which assistance is to be provided (including provision as to payment).
A fire and rescue authority (the first authority) may enter into arrangements with— for the discharge to any extent by that other authority or person of a function conferred on the first authority under any of sections 6 to 9 and 11.
another fire and rescue authority, or
any other person,
But a fire and rescue authority may enter into arrangements with a person under subsection (1) in relation to its function of extinguishing fires only if the person employs fire-fighters.
Arrangements under this section may include provision as to the terms on which any function is to be discharged (including provision as to payment).
The Secretary of State may direct two fire and rescue authorities—
to enter into arrangements under section 16 in the terms specified in the direction;
to make one or more specified variations to any such arrangements;
to cancel any such arrangements.
The Secretary of State may give a direction under subsection (1) on his own initiative or at the request of one of the authorities.
Before giving a direction under subsection (1) the Secretary of State—
must give the authorities concerned an opportunity to make representations to him;
may cause an inquiry to be held.
The Secretary of State may give a direction under subsection (1) only if, after considering— he considers it expedient to do so with a view to securing greater economy, efficiency and effectiveness.
any representations made under subsection (3)(a), and
if an inquiry is held under subsection (3)(b), the report of the person by whom it is held,
A fire and rescue authority may establish and maintain one or more training centres for providing education and training in matters in relation to which fire and rescue authorities have functions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by order authorise a fire and rescue authority to charge a person of a specified description for any action of a specified description taken by the authority.
An order under subsection (1) may authorise charging for extinguishing fires, or protecting life and property in the event of fires, only in respect of fires which are at sea or under the sea.
An order under subsection (1) may not authorise charging for emergency medical assistance.
The power in subsection (1) includes power to authorise a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by the authority.
If a fire and rescue authority is authorised by an order under subsection (1) to charge for taking action of a particular description and the authority decides to do so—
the amount of the charge is to be set by the authority;
the authority may charge different amounts in different circumstances (and may charge nothing).
In setting the amount of a charge, the authority must secure that, taking one financial year with another, the authority’s income from charges does not exceed the cost to the authority of taking the action for which the charges are imposed.
Before making an order under this section the Secretary of State must consult any persons he considers appropriate.
In this section “financial year” means the period of 12 months ending with 31 March.
The references in subsection (2) to “sea” are not restricted to the territorial sea of the United Kingdom.
A fire and rescue authority may charge a person for any action taken by the authority— but this is subject to the provisions of this section and section 18B.
in the United Kingdom or at sea or under the sea, and
otherwise than for a commercial purpose,
Subsection (1) authorises a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by the authority.
Before a fire and rescue authority begins to charge under subsection (1) or section 5A(1)(e) for taking action of a particular description, the authority must consult any persons the authority considers appropriate.
If a fire and rescue authority decides to charge under subsection (1) for taking action of a particular description—
the amount of the charge is to be set by the authority;
the authority may charge different amounts in different circumstances (and may charge nothing).
In setting the amount of a charge under subsection (1), a fire and rescue authority must secure that, taking one financial year with another, the authority's income from charges does not exceed the cost to the authority of taking the action for which the charges are imposed.
The duty under subsection (5) applies separately in relation to each kind of action.
The references in subsection (1) and section 18B(1) to “sea” are not restricted to the territorial sea of the United Kingdom.
In subsection (5) “ financial year ” means 12 months ending with 31 March.
If a fire and rescue authority has power to act, or is required to act, outside the authority’s area, the authority may exercise the power, or perform the duty, at sea or under the sea.
The references in subsection (1) to “sea” are not restricted to the territorial sea of the United Kingdom.
Section 18A(1) authorises charging for extinguishing fires, or protecting life and property in the event of fires, only in respect of fires which are at sea or under the sea.
Section 18A(1) does not authorise charging for emergency medical assistance.
Section 18A(1) authorises charging for action taken in response to a report of a fire or explosion only if section 18C applies to the report.
Section 18A(1) does not authorise charging for rescuing individuals, or protecting individuals from serious harm, in the event of an emergency.
Section 18A(1) does not authorise charging for action taken in response to—
emergencies resulting from events of widespread significance,
emergencies which have occurred as a direct result of severe weather, or
emergencies resulting from road traffic accidents.
Subject to subsection (7), section 18A(1) does not authorise charging for action taken under section 6.
Subsection (6) does not prevent charging for the giving of advice, other than advice of the kind mentioned in section 6(2)(b), in relation to premises where a trade, business or other undertaking is carried on (whether for profit or not).
Section 18A(1) does not authorise charging for action taken by a fire and rescue authority in its capacity as an enforcing authority for the purposes of the Regulatory Reform (Fire Safety) Order 2005 ( S.I. 2005/1541).
Nothing in subsections (1) to (8)—
applies to charges for providing under section 12 the services of any persons or any equipment,
affects the operation of section 13(3) or 16(3), or
affects any provision for payments to a fire and rescue authority contained in arrangements for co-operation made between that authority and—
a public authority that is not a fire and rescue authority, or
any person, other than a public authority, who exercises public functions.
The Secretary of State in relation to fire and rescue authorities in England, and the Welsh Ministers in relation to fire and rescue authorities in Wales, may by order disapply subsection 18A(1) in relation to actions of a particular kind.
The power under subsection (10) includes power to disapply for a particular period.
This section applies for the purposes of section 18B(3).
This section applies to a report of fire, or explosion, at sea or under the sea.
This section applies to a report of fire if—
the report is of fire at premises that are not domestic premises,
the report is false,
the report is made as a direct or indirect result of warning equipment having malfunctioned or been misinstalled, and
there is a persistent problem with false reports of fire at the premises that are made as a direct or indirect result of warning equipment under common control having malfunctioned or been misinstalled.
The references in subsection (2) to “sea” are not restricted to the territorial sea of the United Kingdom.
In subsection (3)—
The Secretary of State must prepare a Fire and Rescue National Framework.
The Framework—
must set out priorities and objectives for fire and rescue authorities in connection with the discharge of their functions;
may contain guidance to fire and rescue authorities in connection with the discharge of any of their functions;
may contain any other matter relating to fire and rescue authorities or their functions that the Secretary of State considers appropriate.
The Secretary of State must keep the terms of the Framework under review and may from time to time make revisions to it.
The Framework may contain different provision for different descriptions of fire and rescue authority.
The Secretary of State must discharge his functions under subsections (1) and (3) in the manner and to the extent that appear to him to be best calculated to promote—
public safety,
the economy, efficiency and effectiveness of fire and rescue authorities, and
economy, efficiency and effectiveness in connection with the matters in relation to which fire and rescue authorities have functions.
In preparing the Framework, or any revisions to the Framework which appear to him to be significant, the Secretary of State—
must consult fire and rescue authorities or persons considered by him to represent them;
must consult persons considered by him to represent employees of fire and rescue authorities;
may consult any other persons he considers appropriate.
The Framework as first prepared, and any revisions to the Framework which appear to the Secretary of State to be significant, have effect only when brought into effect by the Secretary of State by order.
Fire and rescue authorities must have regard to the Framework in carrying out their functions.
This section applies if the Secretary of State considers that a fire and rescue authority is failing, or is likely to fail, to act in accordance with the Framework prepared under section 21.
For the purpose of securing that the authority acts in accordance with the Framework the Secretary of State may by order require the authority—
to do something;
to stop doing something;
not to do something.
The Secretary of State may make an order under subsection (2) only if he considers that making the order would promote—
public safety,
the economy, efficiency and effectiveness of the fire and rescue authority in respect of which the order is made, or
economy, efficiency and effectiveness in connection with the matters in relation to which fire and rescue authorities have functions.
Before making an order under subsection (2) the Secretary of State must give the authority an opportunity to make representations about the order proposed.
The Welsh Ministers may by regulations—
require a fire and rescue authority for an area in Wales to make a plan in relation to the exercise of the authority's functions;
impose requirements relating to such a plan.
The requirements which may be imposed under subsection (1)(b) include requirements about—
a plan's content;
its preparation and revision;
when it is to be made;
the period to which it is to relate;
its publication.
Requirements about a plan's content include requirements to—
set out an authority's priorities and objectives;
describe and explain the extent to which the plan reflects the Framework prepared by the Welsh Ministers under section 21;
set out actions the authority intends to take in relation to its priorities and objectives;
set out how the authority intends to assess its performance.
The Welsh Ministers may by regulations make provision (including imposing requirements on an authority) for the purposes of assessing or reporting on the performance of an authority.
Before making regulations under subsection (1) or (4) the Welsh Ministers—
must consult fire and rescue authorities for areas in Wales or persons who the Welsh Ministers consider represent those authorities;
must consult persons who the Welsh Ministers consider represent employees of fire and rescue authorities for areas in Wales;
may consult any other persons the Welsh Ministers consider appropriate.
The Secretary of State must prepare, and may revise, a protocol about the exercise of his power to make an order under section 22(2).
The protocol must in particular make provision about persons or descriptions of persons that the Secretary of State will consult before exercising that power.
The Secretary of State must have regard to the protocol in exercising that power.
In preparing the protocol, or any revisions to it which appear to him to be significant, the Secretary of State—
must consult fire and rescue authorities or persons considered by him to represent them;
must consult persons considered by him to represent employees of fire and rescue authorities;
may consult any other persons he considers appropriate.
The Secretary of State must publish the protocol for the time being in force in the manner he considers appropriate.
Sections 10 to 13A of the Local Government Act 1999 (c. 27) (best value inspections) apply in relation to a fire and rescue authority’s compliance with section 21(7) as they apply in relation to a best value authority’s compliance with the requirements of Part 1 of that Act.
As applied by subsection (1), those sections have effect as if, in sections 13(2)(b) and (4) and 13A(2)(b) and (4), for “give a direction under section 15” there were substituted “ make an order under section 22 of the Fire and Rescue Services Act 2004 ”.
When carrying out an inspection under section 10 of the Local Government Act 1999 as applied by subsection (1) of a fire and rescue authority created by an order under section 4A, an inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function.
In subsection (2A) “excluded function”, in relation to a fire and rescue authority, means a function which is an excluded function in relation to that authority for the purposes of subsection (A6) of section 28 (inspections by English inspectors) (see subsections (A7) and (A8) of that section).
Subsection (1) does not apply to a fire and rescue authority in Wales.
Sections 21, 22, 26 and 27 of the Local Government (Wales) Measure 2009 apply in relation to a fire and rescue authority in Wales' compliance with section 21(7) as they apply in relation to a Welsh improvement authority's compliance with the requirements of Part 1 of that Measure.
As applied by subsection (4), those sections have effect as if—
in section 21(1), paragraphs (a) and (b) and the word “if” preceding paragraph (a) were omitted;
sections 21(2)(b), (3), (5), (8) and (10) and 22(4) were omitted;
in section 22(1), for the words “a special inspection” there were substituted “ an inspection under section 21 ”;
in section 22(2)(b), for the words “do either or both of the following” to the end there were substituted “ make an order under section 22 of the Fire and Rescue Services Act 2004 ”;
in section 26(11), the words “or an inspection under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end;
in section 27(1), the words “or inspections under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end.
The Secretary of State must report to Parliament on—
the extent to which fire and rescue authorities are acting in accordance with the Framework prepared under section 21;
any steps taken by him for the purpose of securing that fire and rescue authorities act in accordance with the Framework.
The first report under subsection (1) must be made before the end of the period of two years starting on the date when the Framework as first prepared is brought into effect.
Every subsequent such report must be made beforethe end of the period of two years starting on the date on which the last such report was made.
A fire and rescue authority must—
submit to the Secretary of State any reports and returns required by him;
give the Secretary of State any information with respect to its functions required by him.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the manner in which a fire and rescue authority is discharging any of its functions;
the circumstances of, or the steps taken to deal with, a fire, road traffic accident or emergency of another kind in relation to which a fire and rescue authority has functions under this Act.
Her Majesty may by Order in Council appoint inspectors, and the Secretary of State may appoint assistant inspectors and other officers, for the purpose of obtaining information as to—
the manner in which fire and rescue authorities in Wales are discharging their functions;
technical matters relating to those functions.
Her Majesty may appoint such number of inspectors of fire and rescue authorities in England (the “English inspectors”) as the Secretary of State may determine.
The Secretary of State may pay to persons appointed under this section remuneration determined by him.
Of the persons appointed under subsection (A1) one is to be appointed as the chief fire and rescue inspector for England.
A person appointed under section 24 of the Fire Services Act 1947 (c. 41) is to be taken to have been appointed under this section.
The English inspectors must inspect, and report on the efficiency and effectiveness of, fire and rescue authorities in England.
The English inspectors must carry out such other duties for the purpose of furthering the efficiency and effectiveness of fire and rescue authorities in England as the Secretary of State may from time to time direct.
The chief fire and rescue inspector for England may appoint assistant inspectors and other officers for the purpose of assisting the English inspectors.
When carrying out an inspection under subsection (A3) of a fire and rescue authority created by an order under section 4A, an English inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function.
For the purposes of subsection (A6), the following are excluded functions in relation to a fire and rescue authority—
the function of preparing a fire and rescue plan and a fire and rescue statement (within the meaning of Schedule A2);
the functions that the authority has in its capacity as a major precepting authority for the purposes of Part 1 of the Local Government Finance Act 1992;
the function of appointing a chief finance officer under section 4D(4);
where functions of the authority have been delegated to a chief constable under an order under section 4H, the functions conferred on the authority by section 4J(4) and (5);
functions specified, or of a description specified, in relation to that authority in an order made by the Secretary of State.
The power under subsection (A7)(e) may be exercised in relation to—
all fire and rescue authorities created by an order under section 4A,
a particular fire and rescue authority created by an order under section 4A, or
a particular description of fire and rescue authorities created by an order under section 4A.
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.
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—
the issuing of a community risk management plan;
the variation of priorities and objectives set out in a community risk management plan;
the allocation of the draft or actual budget for fire and rescue functions in relation to any financial year;
the function of appointing, suspending or dismissing the chief fire officer;
the function of holding the chief fire officer to account for the exercise of—
the functions which are delegated to the chief fire officer; and
the functions of persons under the direction and control of the chief fire officer;
the function of approving a pay policy statement prepared for the purposes of section 38 of the Localism Act 2011;
the function of approving arrangements to enter into a reinforcement scheme under section 13;
the function of approving arrangements with other employers of firefighters under section 15;
the function of approving arrangements under section 16;
the function of approving plans, modifications to plans and additions to plans for the purpose of ensuring that—
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
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;
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—
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
any duties under subordinate legislation made in exercise of powers under that Act.
In subsection (A8B)—
Schedule A3 makes further provision in relation to the English inspectors.
The chief fire and rescue inspector for England must from time to time prepare—
a document setting out what inspections of fire and rescue authorities in England the English inspectors propose to carry out under section 28(A3) (an “inspection programme”);
a document setting out the manner in which the English inspectors propose to carry out the function conferred on them by section 28(A3) (an “inspection framework”).
The chief fire and rescue inspector for England must obtain the approval of the Secretary of State to an inspection programme or inspection framework before the English inspectors act in accordance with it.
The Secretary of State may at any time require the chief fire and rescue inspector for England to carry out, or arrange for another English inspector to carry out, an inspection under section 28(A3) of—
a fire and rescue authority in England;
all fire and rescue authorities in England;
all fire and rescue authorities in England of a particular type.
A requirement imposed under subsection (3) may limit the inspection to a particular matter.
The chief fire and rescue inspector for England or, at the request of that inspector, any other English inspector may carry out an inspection under section 28(A3) of a fire and rescue authority in England that has not been set out in an inspection programme (and has not been required under subsection (3)).
Before deciding to carry out, or to request another English inspector to carry out, an inspection of a fire and rescue authority in England that has not been set out in an inspection programme, the chief fire and rescue inspector for England must consult the Secretary of State.
Nothing in an inspection programme or inspection framework is to be read as preventing an English inspector from making a visit without notice.
In this section “English inspector” means an inspector appointed under section 28(A1).
The chief fire and rescue inspector for England must arrange for a report prepared under section 28(A3) to be published in such manner as appears to him or her to be appropriate.
But the chief fire and rescue inspector for England must exclude from publication under subsection (1) anything that he or she considers—
would be against the interests of national security, or
might jeopardise the safety of any person.
The chief fire and rescue inspector for England must—
send a copy of the published report to the Secretary of State, and
disclose to the Secretary of State anything excluded from publication by virtue of subsection (2).
The chief fire and rescue inspector for England must in each year submit to the Secretary of State a report on the carrying out of inspections under section 28(A3) (during the period since the last report).
A report under subsection (4) must include the chief fire and rescue inspector for England’s assessment of the efficiency and effectiveness of fire and rescue authorities in England for the period in respect of which the report is prepared.
The chief fire and rescue inspector for England must lay before Parliament a copy of a report submitted under subsection (4).
In this section “English inspector” means an inspector appointed under section 28(A1).
A fire and rescue authority created by an order under section 4A must, in carrying out its functions, have regard to the police and crime plan issued by the police and crime commissioner for the police area—
which corresponds to the area of the fire and rescue authority, or
within which the area of the fire and rescue authority falls.
The Secretary of State may provide and maintain, or contribute to the provision and maintenance of, any equipment, facilities and services he considers appropriate for promoting the economy, efficiency and effectiveness of fire and rescue authorities.
The Secretary of State may establish and maintain, or contribute to the establishment and maintenance of, any organisations he considers appropriate for promoting the economy, efficiency and effectiveness of fire and rescue authorities.
Charges may be imposed for the use of equipment, facilities and services provided by—
the Secretary of State under subsection (1), or
an organisation established or maintained by him.
The Secretary of State may by order make provision requiring one ormore fire and rescue authorities—
to use and maintain equipment and facilities specified in the order or of a description specified in the order;
to use services specified in the order or of a description specified in the order.
Before making an order under this section the Secretary of State must consult any persons he considers appropriate.
The Secretary of State may, if he considers it necessary for the purposes of public safety, by order give general or specific directions to one or more fire and rescue authorities about the use or disposal of property or facilities.
The provision that may be contained in a direction under subsection (1) given to an authority includes—
provision about the use or disposal by the authority of property or facilities belonging to or under the control of the authority;
provision about the use by the authority of property or facilities belonging to or under the control of another fire and rescue authority or a person who has made the property or facilities available (or is willing to do so);
provision requiring payments to be made by the authority to another fire and rescue authority or to any other person, in respect of the use of property or facilities.
The references in subsection (2) to property or facilities belonging to a person include land occupied by the person.
Before making an order under this section the Secretary of State must consult any persons he considers appropriate.
The Secretary of State may establish and maintain— for one or more of the purposes mentioned in subsection (2).
a central training institution, and
one or more local training centres,
The purposes are—
the provision of education and training to employees of fire and rescue authorities;
the provision of advice and assistance to fire and rescue authorities in connection with the provision of such education and training;
the supervision and regulation of the provision of such education and training;
the provision of education and training to persons who provide (or are to provide) such education and training;
the provision of education and training (in the United Kingdom or elsewhere) to persons who are not employees of fire and rescue authorities in matters in relation to which fire and rescue authorities have functions;
the provision of advice and assistance (in the United Kingdom or elsewhere) in connection with the provision of such education and training.
The Secretary of State may by regulations make provision for the establishment of one or more bodies of persons (negotiating bodies) for the purpose of negotiating the conditions of service of employees of fire and rescue authorities.
Regulations under this section must provide for a negotiating body established by the regulations to be composed of—
persons representing the interests of some or all fire and rescue authorities;
persons representing the interests of some or all employees of fire and rescue authorities;
an independent chairman.
A chairman is independent for the purposes of subsection (2) if he is not—
a member or employee of a fire and rescue authority;
a Minister of the Crown;
a person employed in the civil service of the State;
a member or employee of a body representing the interests of some or all employees of fire and rescue authorities.
Subsection (5) applies if—
a negotiating body is established under this section, and
the body includes persons representing the interests of employees of a particular description.
An agreement as to the conditions of service of employees of that description which is made— is a legally enforceable contract only if its terms were negotiated by means of the negotiating body or in accordance with local negotiation arrangements made by the negotiating body in respect of employees of that description.
by or on behalf of a fire and rescue authority, and
by or on behalf of employees of the description concerned,
“Local negotiation arrangements” means arrangements made by a negotiating body established under this section for the purpose of enabling conditions of service of employees of fire and rescue authorities to be negotiated at local level.
Local negotiation arrangements may (in particular) include provision with regard to—
the persons or descriptions of persons by whom, or by means of whom, negotiations are authorised to be carried out at local level;
the conditions of service and descriptions of conditions of service authorised to be negotiated at local level.
Local negotiation arrangements may be made by a negotiating body in respect of employees of a particular description only if the negotiating body includes persons representing the interests of employees of that description.
Before making regulations under this section the Secretary of State must consult any persons he considers appropriate.
The Secretary of State may issue guidance to negotiating bodies in connection with the negotiation of the conditions of service of employees of fire and rescue authorities.
Negotiating bodies must have regard to any guidance issued under this section in negotiating the conditions of service of employees of fire and rescue authorities.
In this section “negotiating body” means a negotiating body established under section 32 or any other body of persons which—
includes both persons representing the interests of some or all fire and rescue authorities and persons representing the interests of some or all employees of fire and rescue authorities, and
is constituted in accordance with what appear to the Secretary of State to be appropriate arrangements for the negotiation of the conditions of service of employees of fire and rescue authorities.
The Secretary of State may by order bring into operation one or more schemes making provision for the payment of pensions, allowances and gratuities to or in respect of—
persons who are or have been employed by a fire and rescue authority or by a Scottish fire authority;
persons who die or have died while so employed.
A scheme brought into operation under this section may in particular—
provide for the classes of person in respect of whose service awards may be made;
provide for treating employment that is not employment by a fire and rescue authority or by a Scottish fire authority as if it were such employment for any purpose of the scheme, to the extent specified in the scheme and subject to any conditions specified in the scheme;
provide for the making of contributions by employers and by persons in respect of whose service awards may be made;
provide for treating, for any purpose of the scheme, to the extent specified in the scheme and subject to any conditions specified in the scheme, holding office as the London Fire Commissioner as if it were employment by a fire and rescue authority in England where the terms and conditions of appointment to that office include—
resolving operational incidents, or
leading and supporting others in the resolution of operational incidents;
provide for the repayment of any such contributions or their application for the benefit of persons of a specified description;
provide for the making of payments by the Secretary of State, fire and rescue authorities and Scottish fire authorities into a fund to which contributions have been made under the scheme;
provide for the making of payments to the Secretary of State out of a fund to which contributions have been made under the scheme;
provide for substituting the Secretary of State for a fire and rescue authority or a Scottish fire authority, for any purpose of the scheme;
provide for the making to a fire and rescue authority, a Scottish fire authority or the Secretary of State of payments in respect of a person’s previous service, including provision for such payments to be made by the Secretary of State;
provide for any such payments to be reimbursed out of a fund to which contributions have been made in respect of the previous service to which the payments related;
provide for the payment and receipt by fire and rescue authorities or Scottish fire authorities of transfer values or of other lump sum payments made for the purpose of creating or restoring rights to pensions, allowances and gratuities;
provide for conditions subject to which an award under the scheme may be made, for the manner in which questions arising under the scheme are to be determined and for appeals from determinations of such questions;
provide for excluding or modifying rights to compensation or damages in respect of injuries, in cases where awards are made under the scheme in respect of the injuries;
make incidental, supplemental, consequential and transitional provision.
Subsection (1) is subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing schemes).
An order under this section may take effect from a date which is earlier than that on which the order is made.
An order under this section may vary or revoke a scheme brought into operation by an order under this section.
Before making, varying or revoking an order under this section the Secretary of State must consult any persons he considers appropriate.
A person commits an offence if he does an act or makes an omission as a result of which he is injured or becomes ill, for the purpose of obtaining, for himself or another person—
an award under a scheme brought into operation under this section, or
a sum in respect of the repayment or application of contributions made under such a scheme.
A person guilty of an offence under subsection (6) is liable—
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum;
in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
A scheme brought into operation under this section may authorise the forfeiture of the whole or part of an award or sum obtained by a person who has been convicted of an offence under subsection (6).
In relation to an offence under subsection (6) committed before 2 May 2022, the reference in subsection (7)(a) to the general limit in a magistrates’ court is to be read as a reference to 3 months.
In this section “Scottish fire authority”—
means the Scottish Fire and Rescue Service, and
except in subsections (2)(e) and (h), includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8)).
References in subsection (1) to persons who are or have been employed by a fire and rescue authority include persons who are or have been employed by the chief constable of the police force for a police area having been—
transferred to the chief constable under a scheme made under section 4I(1), ...
appointed by the chief constable under section 4I(4).
transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or
appointed by the chief constable under section 107EC(2) of that Act.
References in the other provisions of this section to a fire and rescue authority include a chief constable of the police force for a police area who employs persons of the kind mentioned in subsection (11).
A fire and rescue authority or a Scottish fire authority may in prescribed circumstances—
provide information in connection with the questions mentioned in subsection (2) to a prescribed person;
require a person to whom information is provided under paragraph (a) to pay a reasonable fee in respect of any administrative expenses incurred in providing it.
These are the questions—
whether an individual who has opted or transferred out has suffered loss as a result of a contravention which is actionable under section 138D of the Financial Services and Markets Act 2000 (c. 8) (actions for damages in respect of contravention of rules etc.);
if so, what payment would need to be made in respect of that individual to the fire and rescue authority or Scottish fire authority concerned to restore the position to what it would have been if the individual had not opted or transferred out.
Subsection (4) applies if—
an individual who has opted or transferred out becomes entitled to make contributions to a fire and rescue authority or Scottish fire authority under a scheme brought into operation under section 34, or
a payment is made to a fire and rescue authority or Scottish fire authority in respect of such an individual to restore the position to what it would have been if the individual had not opted or transferred out.
The fire and rescue authority or Scottish fire authority may require a prescribed person to pay a reasonable fee in respect of any administrative expenses incurred in connection with the entitlement or payment.
An individual is taken to have opted or transferred out for the purposes of this section if—
for any period during which he is employed by a fire and rescue authority or Scottish fire authority, he does not make contributions to a scheme brought into operation under section 34 but instead makes contributions to a personal pension scheme, or
a transfer value is paid in respect of him to a personal pension scheme by a fire and rescue authority or Scottish fire authority.
In this section—
In section 32(2) of the Water Resources Act 1991 (rights to abstract)—
in paragraph (a), for the words from “fire-fighting” to “1947)” substitute “ extinguishing fires or protecting life and property in the event of fire ”;
in paragraph (b), after “used for” insert “ either of ”.
Section 18 of the Local Government Act 1992 (consequences of structural changes) is amended as follows. Omit subsection (3). In subsection (4), for paragraph (b) substitute—.
Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles) is amended as follows. In paragraph 4(2) (fire engines), for paragraph (b) substitute— In paragraph 5 (other vehicles kept by fire authorities)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“metropolitan police district” means that district as defined in section 76 of the London Government Act 1963;
Section 2 of the Forged Transfers Act 1891 (definitions) is amended as follows. For paragraph (ab) of the definition of “local authority” substitute—. In paragraph (b) of that definition, for “that Act” substitute “ the Local Government Finance Act 1988 ”.
The London Building Acts (Amendment) Act 1939 is amended as follows.
The Local Government Act 1972 is amended as follows.
In Schedule 1 to the Freedom of Information Act 2000 (public authorities), for paragraph 14 substitute—
The Licensing Act 2003 is amended as follows. In the provisions mentioned in sub-paragraph (3), for “fire authority” (in each place) substitute “ fire and rescue authority ”. The provisions are—
In section 20(2A) (fire precaution conditions)—
for “fire authority” substitute “ fire and rescue authority ”;
for “fire brigade personnel” in paragraph (e), substitute “ fire-fighters ”.
Section 100J (authorities to which Part 5A applies) is amended as follows. In subsection (1), for paragraph (f) substitute— In subsection (4)(c), for “combined fire authority” substitute “ fire and rescue authority falling within subsection (1)(f) above ”. Omit subsection (5).
In the provisions mentioned in sub-paragraph (2), for “fire authority” (in each place) substitute “ fire and rescue authority ”. The provisions are—
Omit section 112(4)(c) (officers to whom subsection (3) does not apply).
Section 168(5) (local financial returns: meaning of “local authority”) is amended as follows. For paragraph (aa) substitute—. In paragraph (b), for “that Act” substitute “ the Local Government Finance Act 1988 ”.
means the Scottish Fire and Rescue Service, and
in subsection (5) includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8)).
The Secretary of State may by order provide for the scheme established under section 26 of the Fire Services Act 1947 (c. 41) (Firemen’s Pension Scheme) to continue in force despite the repeal by this Act of that section.
An order under this section may provide for any enactment amended or repealed by this Act to continue in effect in relation to that scheme unmodified or with any modifications specified in the order.
An order under this section may in particular make new provision for the name of the scheme.
This section does not affect any other power in this Act to make transitional or transitory provision.
No member of a police force may be employed by a fire and rescue authority or a relevant chief constable for the purpose of—
extinguishing fires, or
protecting life and property in the event of fires.
Subsection (1) does not prevent the exercise of functions under section 7 (fire-fighting) by—
a relevant chief constable, or
a deputy chief constable to whom such functions have been delegated by a relevant chief constable.
In this section “relevant chief constable” means the chief constable of a police force for a police area to whom —
functions of a fire and rescue authority have been delegated under an order under section 4H, or
functions of a fire and rescue authority which are exercisable by the mayor of a combined authority have been delegated under an order under section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009.
A fire and rescue authority must take all reasonable measures for securing that an adequate supply of water will be available for the authority’s use in the event of fire.
A fire and rescue authority may use any suitable supply of water for the purposes of extinguishing a fire or protecting life or property in the event of a fire (but must pay reasonable compensation for the water).
Subsection (2) is subject to—
an agreement under section 39 or 41;
section 147 of the Water Industry Act 1991 (c. 56) (charging for emergency use of water).
A fire and rescue authority may enter into an agreement with a water undertaker for the purposes of section 38(1).
An agreement under subsection (1) may include terms as to payment to be made to the undertaker, subject to section 147 of the Water Industry Act 1991 (c. 56) (charging for emergency use of water).
A water undertaker must enter into any agreement reasonably proposed by a fire and rescue authority under subsection (1).
An obligation of a water undertaker under an agreement under subsection (1), or under subsection (3), is enforceable by the Secretary of State under section 18 of the Water Industry Act 1991 (orders for securing compliance).
If a fire and rescue authority requests a water undertaker to provide a supply and pressure of water for the purposes of extinguishing a fire that is greater than the undertaker would otherwise provide, the undertaker must take all necessary steps in order to do so.
For the purposes of complying with its obligation under subsection (1) a water undertaker may shut off the water from the mains and pipes in any area.
No authority or person is liable to any penalty or claim arising because of anything done by a water undertaker in complying with its obligation under subsection (1).
A water undertaker commits an offence if, without reasonable excuse, it fails to take any step which it is obliged to take under subsection (1).
A water undertaker guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
For the purposes of section 38(1), a fire and rescue authority may enter into an agreement—
to secure the use of water under the control of a person other than a water undertaker;
to improve access to any such water;
to lay and maintain pipes and to carry out other works in connection with the use of such water.
A water undertaker must cause the location of every fire hydrant provided by it to be clearly indicated by a notice or distinguishing mark.
A water undertaker may place such a notice or mark on a wall or fence adjoining a highway or public place.
The expenses incurred by a water authority under subsection (1) in relation to a fire hydrant are to be borne by the fire and rescue authority in whose area the hydrant is located.
The Secretary of State may make regulations providing for uniformity in fire hydrants provided by water undertakers and in the notices or marks indicating their location.
An obligation of a water undertaker under subsection (1), or regulations under subsection (4), is enforceable by the Secretary of State under section 18 of the Water Industry Act 1991 (c. 56) (orders for securing compliance).
A person commits an offence if he uses a fire hydrant otherwise than—
for the purposes of fire-fighting or for any other purposes of a fire and rescue authority, or
for any purpose authorised by the water undertaker or other person to whom the hydrant belongs.
A person commits an offence if he damages or obstructs a fire hydrant, otherwise than in consequence of use for the purposes mentioned in subsection (6).
A person guilty of an offence under subsection (6) or (7) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
A person who proposes to carry out works for the purpose of supplying water to any part of the area of a fire and rescue authority must give at least 6 weeks' notice in writing to the authority.
A person who proposes to carry out works affecting a fire hydrant must give at least 7 days' notice in writing to the fire and rescue authority in whose area the hydrant is situated.
If it is not practicable for a person to give notice as required by subsection (1) or (2), he is to be regarded as having given the notice required by that subsection if he gives notice as soon as practicable.
A person commits an offence if, without reasonable excuse, he fails to give notice as required by subsection (1) or (2).
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
An employee of a fire and rescue authority who is authorised in writing by the authority for the purposes of this section may do anything he reasonably believes to be necessary—
if he reasonably believes a fire to have broken out or to be about to break out, for the purpose of extinguishing or preventing the fire or protecting life or property;
if he reasonably believes a road traffic accident to have occurred, for the purpose of rescuing people or protecting them from serious harm;
if he reasonably believes an emergency of another kind to have occurred, for the purpose of discharging any function conferred on the fire and rescue authority in relation to the emergency;
for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in paragraph (a), (b) or (c).
In particular, an employee of a fire and rescue authority who is authorised as mentioned in subsection (1) may under that subsection—
enter premises or a place, by force if necessary, without the consent of the owner or occupier of the premises or place;
move or break into a vehicle without the consent of its owner;
close a highway;
stop and regulate traffic;
restrict the access of persons to premises or a place.
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An authorised officer may at any reasonable time enter premises—
for the purpose of obtaining information needed for the discharge of a fire and rescue authority’s functions under section 7, 8 or 9, or
if there has been a fire in the premises, for the purpose of investigating what caused the fire or why it progressed as it did.
In this section and section 46, “authorised officer” means an employee of a fire and rescue authority who is authorised in writing by the authority for the purposes of this section.
An authorised officer may not under subsection (1)—
enter premises by force, or
demand admission as of right to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling.
An authorised officer may not under subsection (1)(b) enter as of right premises in which there has been a fire if— unless 24 hours' notice in writing has first been given to the person who was the occupier of the dwelling immediately before the fire.
the premises are unoccupied, and
the premises were occupied as a private dwelling immediately before the fire,
An authorised officer may apply to a justice of the peace if—
he considers it necessary to enter premises for the purposes of subsection (1), but
he is unable to do so, or considers that he is likely to be unable to do so, otherwise than by force.
If on an application under subsection (5) a justice is satisfied that— he may issue a warrant authorising the officer to enter the premises by force at any reasonable time.
it is necessary for the officer to enter the premises for the purposes of subsection (1), and
he is unable to do so, or is likely to be unable to do so, otherwise than by force,
An authorised officer may also apply to a justice of the peace if he considers it necessary to enter a dwelling for the purposes of subsection (1) without giving notice as required by subsection (3)(b) or (4).
If on an application under subsection (7) a justice is satisfied that it is necessary for the authorised officer to enter the dwelling for the purposes of subsection (1) without giving notice as required by subsection (3)(b) or (4), the justice may issue a warrant authorising the officer to enter the premises at any time (by force if necessary).
An authorised officer exercising a power of entry under this section must, if so required, produce evidence of his authorisation under subsection (2), and any warrant under subsection (6) or (8)—
before entering the premises, or
at any time before leaving the premises.
If an authorised officer exercises a power of entry under section 45(1)(a), he may—
take with him any other persons, and any equipment, that he considers necessary;
require any person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.
If an authorised officer exercises a power of entry under section 45(1)(b) he may—
take with him any other persons, and any equipment, that he considers necessary;
inspect and copy any documents or records on the premises or remove them from the premises;
carry out any inspections, measurements and tests in relation to the premises, or to an article or substance found on the premises, that he considers necessary;
take samples of an article or substance found on the premises, but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation;
dismantle an article found on the premises, but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation;
take possession of an article or substance found on the premises and detain it for as long as is necessary for any of these purposes—
to examine it and do anything he has power to do under paragraph (c) or (e);
to ensure that it is not tampered with before his examination of it is completed;
to ensure that it is available for use as evidence in proceedings for an offence relevant to the investigation;
require a person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.
If an authorised officer exercises the power in subsection (2)(d) he must—
leave a notice at the premises (either with a responsible person or if that is impracticable fixed in a prominent position) giving particulars of the article or substance and stating that he has taken a sample of it, and
if it is practicable to do so, give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
If an authorised officer exercises the power in subsection (2)(f) he must leave a notice at the premises (either with a responsible person or if that is impracticable fixed in a prominent position) giving particulars of the article or substance and stating that he has taken possession of it.
If in the exercise of any power under section 45 or this section an authorised officer enters premises which are unoccupied, or from which the occupier is temporarily absent, he must on his departure leave the premises as effectively secured against unauthorised entry as he found them.
A person commits an offence if without reasonable excuse—
he obstructs the exercise of any power under section 45 or this section, or
he fails to comply with any requirement under subsection (1)(b) or (2)(g).
A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The notice required by section 45(3)(b) may be given—
by delivering it to the occupier of the dwelling,
by leaving it for him at the dwelling, or
by sending it by post to him at the dwelling.
The notice required by section 45(4) may be given—
by delivering it to the person who was the occupier of the dwelling immediately before the fire concerned,
by leaving it for him at his proper address, or
by sending it by post to him at that address.
The proper address of a person for the purposes of subsection (2) and section 7 of the Interpretation Act 1978 (c. 30) is—
if he has specified an address in the United Kingdom as his address for the purposes of the notice required by section 45(4), that address;
in any other case, his last known address.
If the name or address of the person to whom notice under section 45(3)(b) or (4) is required to be given cannot be ascertained after reasonable inquiry, the notice may be given—
by leaving it in the hands of a person who is or appears to be resident in the dwelling, or
by leaving it affixed to a conspicuous part of the dwelling.
This section applies if the notice required by section 45(3)(b) or (4) is transmitted to the person to whom it is required to be given (“the recipient”)—
by means of an electronic communications network (within the meaning given by section 32 of the Communications Act 2003 (c. 21)), or
by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible.
The transmission has effect as a delivery of the notice to the recipient only if he has indicated to the fire and rescue authority on whose behalf the transmission is made his willingness to receive a notice under section 45 transmitted in the form and manner used.
An indication to a fire and rescue authority for the purposes of subsection (2)—
must be given to the authority in any manner it requires;
may be a general indication or one that is limited to notices of a particular description;
must state the address to be used and must be accompanied by any other information which the authority requires for the making of the transmission;
may be modified or withdrawn at any time by a notice given to the authority in any manner it requires.
If the making of the transmission has been recorded in the computer system of the fire and rescue authority on whose behalf it is made, it must be presumed, unless the contrary is proved, that the transmission—
was made to the person recorded in that system as receiving it;
was made at the time recorded in that system as the time of delivery;
contained the information recorded on that system in respect of it.
A person commits an offence if he knowingly gives or causes to be given a false alarm of fire to a person acting on behalf of a fire and rescue authority.
A person guilty of an offence under subsection (1) is liable on summary conviction—
to a fine not exceeding level 4 on the standard scale,
to imprisonment for a term not exceeding 51 weeks, or
to both.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (2)(b) to 51 weeks is to be read as a reference to 3 months.
The Secretary of State may make any payments he considers appropriate in respect of the expenses of a body established for the purpose of advising him on any matter in relation to which provision is made by this Act.
The Secretary of State may make a payment under this section—
to any person he considers appropriate;
subject to any conditions he considers appropriate.
The Central Fire Brigades Advisory Council is abolished.
The Fire Services Act 1947 (c. 41) shall cease to have effect.
Schedule 1 contains minor and consequential amendments.
The Secretary of State may by order make— which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.
any supplementary, incidental or consequential provision, and
any transitory, transitional or saving provision,
An order under subsection (2) may, in particular—
provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with any modifications specified in the order, and
amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed.
The amendments that may be made under subsection (3)(b) are in addition to those made by or under any other provision of this Act.
Schedule 2 contains repeals.
Subsection (2) applies if—
consultation is required to take place under a provision of this Act, and
before the provision comes into force, consultation takes place which would have satisfied the requirements of the provision to any extent if it had been in force.
Those requirements must be taken to have been satisfied to that extent.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) (powers in relation to local inquiries) apply in relation to an inquiry under a provision of this Act as they apply in relation to an inquiry under that section.
In this Act “local authority” means any of these—
a district council;
a county council;
a county borough council;
a London borough council;
the Greater London Authority;
the Common Council of the City of London;
the Council of the Isles of Scilly.
In this Act “emergency” means an event or situation that causes or is likely to cause—
one or more individuals to die, be seriously injured or become seriously ill, or
serious harm to the environment (including the life and health of plants and animals).
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State in consequence of this Act;
any increase attributable to this Act in the sums payable out of money provided by Parliament under another enactment.
References in this section to subordinate legislation are to an order or regulations made under this Act by the Secretary of State or the Welsh Ministers.
Subordinate legislation—
may make different provision for different purposes (including different provision for different areas, different authorities and different descriptions of authorities);
may include incidental, supplemental, consequential, saving or transitional provision.
A power to make subordinate legislation is exercisable by statutory instrument.
A statutory instrument containing (alone or with other provisions) — may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
an order made by the Secretary of State under section 5C(3), other than one that is made only for the purpose mentioned in section 5C(7)(b),
an order made by the Secretary of State under section 5C(4), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose,
an order made by the Secretary of State under section 5C(2) that—
amends any Act or provision of an Act, and
is not made in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 5E(3), or
subordinate legislation made by the Secretary of State, other than an order under section 5C, that amends or repeals any Act or provision of an Act,
A statutory instrument containing any other subordinate legislation made by the Secretary of State, apart from— is subject to annulment in pursuance of a resolution of either House of Parliament.
an order under section 5C(1),
an order under section 5C(2) that is made in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 5E(3), or
an order under section 30 or 61,
A statutory instrument containing (alone or with other provisions)— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
an order made by the Welsh Ministers under section 5C(3), other than one that it is made only for the purpose mentioned in section 5C(7)(b),
an order made by the Welsh Ministers under section 5C(4), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose,
an order made by the Welsh Ministers under section 5C(2) that—
amends any Act or provision of an Act or amends any Act, or Measure, of the National Assembly for Wales or provision of such an Act or Measure, and
is not made in accordance with sections 5G to 5L,
regulations made by the Welsh Ministers under section 21A(1) or (4), or
subordinate legislation made by the Welsh Ministers, other than an order under section 5C, that amends any Act or provision of an Act,
A statutory instrument containing any other subordinate legislation made by the Welsh Ministers, apart from— is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
an order under section 5C(1),
an order under section 5C(2) that is made in accordance with sections 5G to 5L, or
an order under section 30 or 61,
Parts 1 to 6 come into force in accordance with provision made by the Secretary of State by order.
In its application to Wales, the following provisions of this Act have effect as if for each reference to the Secretary of State there were substituted a reference to the National Assembly for Wales—
Parts 1 to 6;
section 61.
In its application to Wales, section 25(1) has effect as if for “report to Parliament” there were substituted “ publish a report ”.
The reference in subsection (1)(a) to Parts 1 to 6 does not include—
sections 5A and 5B,
sections 5C and 5D,
section 5E, and
sections 5F to 5L.
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The reference in subsection (1)(a) to Parts 1 to 6 does not include sections 18A to 18C.
Any reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an Act which is amended by this Act is to be treated as referring to that Act as amended by this Act.
Subsection (4) does not affect the power to make further Orders varying or omitting that reference.
Subject to subsection (2), this Act extends to England and Wales only.
The following provisions also extend to Scotland—
sections 34 to 36;
in so far as relating to sections 26 to 27A of the Fire Services Act 1947 (c. 41), section 52;
in so far as relating to— section 53(1) and Schedule 1;
sections 46 and 61 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65),
paragraph 8(b) of Schedule 4 to the Gaming Act 1968 (c. 65),
Schedule 2 to the Pensions (Increase) Act 1971 (c. 56), and
the Superannuation Act 1972 (c. 11),
in so far as relating to— section 54 and Schedule 2;
sections 26 to 27A of the Fire Services Act 1947,
the Fire Services Act 1951 (c. 27),
sections 8 to 10 of the Fire Services Act 1959 (c. 44),
the Pensions (Increase) Act 1971 (c. 56),
the Superannuation Act 1972 (c. 11), and
the Police and Firemen’s Pensions Act 1997 (c. 52),
sections 60 and 61;
this section;
section 64.
This Act may be cited as the Fire and Rescue Services Act 2004.
Section 53
“priorities and objectives” has the same meaning as in Schedule ZA1.
In section 67(3A) of the Explosives Act 1875 (definition of local authority), for “fire authority” substitute “ fire and rescue authority ”.
In section 2(1)(a) of the Petroleum (Consolidation) Act 1928 (local authorities empowered to grant petroleum-spirit licences), for “fire authority” substitute “ fire and rescue authority ”.
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows. In section 46(3)(iii) (payments to make up civil remuneration), for “Fire Services Act 1947” substitute “ Fire and Rescue Services Act 2004 ”. In section 61(1) (presumption of death of persons serving in forces), for paragraph (d) substitute—. 5 Employee of a fire and rescue authority The fire and rescue authority.
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Section 4(1) of the Stock Transfer Act 1963 (interpretation) is amended as follows. For paragraph (aa) of the definition of “local authority” substitute—. In paragraph (b) of that definition, for “that Act” substitute “ the Local Government Finance Act 1988 ”.
Section 2(1) of the Public Works Loans Act 1965 (loans to relevant authorities) is amended as follows. For paragraph (a)(ia) substitute—. In paragraph (a)(ii), for “that Act” substitute “ the Local Government Finance Act 1988 ”.
The Gaming Act 1968 is amended as follows. In section 43(9) (rights of entry to licensed premises), for the words from “fire authority” to “1947)” substitute “ fire and rescue authority under the Fire and Rescue Services Act 2004 ”. In Schedule 2 (grant, renewal, cancellation and transfer of licences)— In Schedule 3 (registration of members' clubs in England and Wales), in paragraphs 3(c), 4 and 6, for “fire authority” substitute “ fire and rescue authority ”. In Schedule 4 (registration of members' clubs in Scotland), in paragraph 8(b) for “fire authority” substitute “ fire and rescue authority ”.
The Fire Precautions Act 1971 is amended as follows.
In the provisions mentioned in sub-paragraph (2), for “fire authority” (in each place) substitute “ fire and rescue authority ”. The provisions are—
staff appointed by the chief constable under subsection (4).
In section 20 (exercise of inspectors' powers)—
in subsection (1), for “officer of the fire brigade maintained by the fire authority” substitute “ employee of the fire and rescue authority ”;
in subsection (2), for “officer of a fire brigade” substitute “ employee of a fire and rescue authority ” and for “the fire authority who maintain that brigade” substitute “ the fire and rescue authority ”.
Section 29 (extension of provisions of the Fire Services Act 1947 relating to inspectors and inquiries) shall cease to have effect.
Section 40 (application to Crown) is amended as follows. In subsection (3), for “fire authority” substitute “ fire and rescue authority ”. In subsection (4)— In subsection (6), for “officer of the fire brigade maintained by the fire authority” substitute “ employee of the fire and rescue authority ”.
In section 41 (application to UK Atomic Energy Authority premises)—
in paragraph (a), for “fire authority” substitute “ fire and rescue authority ”;
in paragraph (b), for “officer of the fire brigade maintained by the fire authority” substitute “ employee of the fire and rescue authority ”.
Section 43 (interpretation) is amended as follows. “fire and rescue authority”, in relation to any premises or proposed premises, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are or are to be situated; In the definition of “fire inspector”, for “section 24 of the Fire Services Act 1947” substitute “ section 28 of the Fire and Rescue Services Act 2004 ”.
In section 9 of the Celluloid and Cinematograph Film Act 1922 (definitions), in the definition of “local authority”, for “fire authority” substitute “ fire and rescue authority ”.
In section 343(1) of the Public Health Act 1936 (interpretation), omit the definition of “fire authority”.
The Civil Defence Act 1948 is amended as follows. In section 1(1)(b) (civil defence functions of Ministers), for “fire brigades” substitute “ employees of fire and rescue authorities ”. In section 5 (civil defence obligations)— In section 9(1) (interpretation), omit the definition of “fire brigade”.
The Caravan Sites and Control of Development Act 1960 is amended as follows. In the provisions mentioned in sub-paragraph (3), for “fire authority” (in each place) substitute “ fire and rescue authority ”. The provisions are— “fire and rescue authority”, in relation to any land, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the land is situated;
Section 37 of the Pipe-lines Act 1962 (persons to be notified of certain pipe-line accidents) is amended as follows. In subsections (1)(a) and (2)(a), after “fire” insert “ and rescue authority ”. In subsection (4), for paragraph (a) substitute—.
The Gas Act 1965 is amended as follows. In section 17 (provisions in relation to gas-related accidents), in subsection (5)(a) for “fire authority” substitute “ fire and rescue authority ”. “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;
The Greater London Council (General Powers) Act 1968 is amended as follows. In the provisions mentioned in sub-paragraph (3), for “fire authority” (in each place) substitute “ fire and rescue authority ”. The provisions are— In section 21 (circumstances where consent not required)—
In section 30 of the Greater London Council (General Powers) Act 1969 (savings), for paragraph (ii) substitute—
“mayoral combined authority” 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 section 143(3) of the London Building Act 1930 (regulations for building near a dangerous business), for “fire authority” substitute “ fire and rescue authority ”.
Section 11(1) of the Statutory Orders (Special Procedure) Act 1945 (interpretation) is amended as follows. For paragraph (aa) of the definition of “local authority” substitute—. In paragraph (c) of that definition, for “that Act” substitute “ the Local Government Finance Act 1988 ”.
In Schedule 4 to the Town and Country Planning Act 1959 (authorities with the power to acquire, appropriate and dispose of land), for paragraph 9 substitute—
In section 75(8) of the Public Health Act 1961 (power of local authorities to make byelaws as to pleasure fairs and roller skating rinks), for “fire authority within the meaning of the Fire Services Act 1947” substitute “ fire and rescue authority under the Fire and Rescue Services Act 2004 ”.
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Paragraph 1 of Schedule 4 to the National Loans Act 1968 (local loans) is amended as follows. For paragraph (a)(ia) of the definition of “local authority” substitute—. In paragraph (a)(ii) of that definition, for “that Act” substitute “ the Local Government Finance Act 1988 ”.
In section 102(4) of the Transport Act 1968 (application to the Crown and exemptions), for “fire brigade” substitute “ fire and rescue authority ”.
The Housing Act 1985 is amended as follows. In section 365(3) (local authorities' powers in relation to means of escape from fires), for “fire authority” substitute “ fire and rescue authority ”. In Schedule 1 (tenancies that are not secure tenancies), in paragraph 2(3) for the words from “fire authority” to “1959)” substitute “ fire and rescue authority ”.
In Schedule 2 to the Local Government Act 1988 (public authorities required to exclude non-commercial considerations), for “fire authority constituted by a combination scheme” substitute “ fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies ”.
The Local Government Finance Act 1988 is amended as follows. In section 74(1) (levying bodies), in paragraph (c) for “combined fire authority,” substitute “ combined fire and rescue authority in Wales ”. In section 111(2)(m) (relevant authorities) and 112(2)(b) (financial administration of certain authorities), for “combined fire authority” substitute “ combined fire and rescue authority ”. In section 117(5) (levying bodies), in paragraph (c) for “combined fire authority,” substitute “ combined fire and rescue authority in Wales ”. For section 144(5) (combined fire authorities), substitute—
The Local Government and Housing Act 1989 is amended as follows. In section 21(1) (meaning of local authority in Part 1), for paragraph (f) substitute—. In section 67(3) (meaning of local authority in Part 5), for paragraph (h) substitute—. In section 152(2) (meaning of relevant authority for sections 150 and 151), for paragraph (f) substitute—. In section 155(4) (authorities that are local authorities for section 155), for paragraph (h) substitute—
In section 2(2) of the Smoke Detectors Act 1991 (power of local authorities to dispense with or relax requirements in relation to smoke detectors), for “fire authority” substitute “ fire and rescue authority ”.
In section 8 of the Severn Bridges Act 1992 (vehicles subject to tolls), in subsection (5)(a) for “fire authority under the Fire Services Acts 1947 to 1959” substitute “ fire and rescue authority ”.
In section 1(10) of the Local Government (Overseas Assistance) Act 1993 (bodies to which power to provide advice and assistance applies), for paragraph (a) substitute—.
The London Local Authorities Act 1995 is amended as follows. In the provisions mentioned in sub-paragraph (3), for “fire authority” (in each place) substitute “ fire and rescue authority ”. The provisions are— In section 5(5) (right to stop in prohibited zones), in paragraph (c) for “fire brigade” substitute “ fire and rescue authority ”.
The Crime and Disorder Act 1998 is amended as follows. In section 5 (authorities responsible for strategies)— In section 17(2) (duty of authorities to consider crime and disorder implications), for “a fire authority constituted by a combination scheme under the Fire Services Act 1947 (c. 41)” substitute “ a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies ”.
In section 49(6) of the Local Government Act 2000 (authorities that must be consulted regarding principles governing conduct of members), for paragraph (l) substitute—.
The Table in section 1(1) of the Criminal Justice and Police Act 2001 (offences leading to on the spot penalties) is amended as follows. Omit the entry for section 31 of the Fire Services Act 1947. Section 49 of the Fire and Rescue Services Act 2004 (c. 21) Knowingly giving a false alarm of fire
The Pensions (Increase) Act 1971 is amended as follows.
In section 23(4) of the Health and Safety at Work etc Act 1974 (provisions in relation to notices), for “fire authority” (in both places) substitute “ fire and rescue authority ”.
The Safety of Sports Grounds Act 1975 is amended as follows. for the area in which the sports ground about In section 5(5) (appeals: meaning of “interested party”) for paragraph (d) substitute— In section 10(8) (procedures in respect of prohibition notices), for paragraph (b) substitute— In section 10A(7) (appeals against prohibition notices), for paragraph (d) substitute— In section 11 (powers of entry and inspection), for paragraph (c) substitute—.
Paragraph 3 of Schedule 6 to the Highways Act 1980 (procedure for making and confirming certain orders) is amended as follows. For sub-paragraph (3)(a)(ia) substitute—. In sub-paragraph (3)(a)(ii), for “that Act” substitute “ the Local Government Finance Act 1988 ”.
Section 7(1) of the Acquisition of Land Act 1981 (interpretation) is amended as follows. For paragraph (aa) of the definition of “local authority” substitute—. In paragraph (b) of that definition, for “that Act” substitute “ the Local Government Finance Act 1988 ”.
The Food Act 1984 is amended as follows. In section 60(d) (market byelaws), for “fire authority” substitute “ fire and rescue authority ”. “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;
Schedule 2 (official pensions) is amended as follows. For paragraphs 16 and 16A substitute— For paragraph 44 substitute—. Omit paragraph 45.
Paragraph 6(1) of Schedule 3 (meaning of “local authority”) is amended as follows. For paragraph (a)(ia) substitute—. In paragraph (a)(ii), for “that Act” substitute “ the Local Government Finance Act 1988 ”.
is not a chief finance officer of the kind mentioned in subsection (8), and
In section 24(1)(a) of the Superannuation Act 1972 (compensation for loss of office), for “in relation to whom a Scheme may be made in accordance with section 26 of the Fire Services Act 1947 (Firemen’s Pension Scheme)” substitute “ in respect of whose service payments may be made under a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004 ”.
In section 15(7) of the Greater London Council (General Powers) Act 1974 (exemptions to offence of parking on footways, etc.), in paragraph (a)(i), for “fire brigade purposes” substitute “ fire and rescue authority purposes ”.
Section 3 of the Greater London Council (General Powers) Act 1975 (protection for fire brigade in respect of certain substances) is amended as follows. In subsections (1), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (14), for “fire authority” (in each place) substitute “ fire and rescue authority ”. “fire-fighting purposes” means any purpose in relation to which a fire and rescue authority has functions under the Fire and Rescue Services Act 2004;
The Local Government, Planning and Land Act 1980 is amended as follows. In section 2(1) (authorities on whom duty to publish information applies), for paragraph (h) substitute—. In section 152(1)(a) (functions and powers of urban development corporations), for “fire authority” substitute “ fire and rescue authority ”.
Section 80(1) of the New Towns Act 1981 (interpretation) is amended as follows. For paragraph (aa) of the definition of “local authority” substitute—. In paragraph (b) of that definition, for “that Act” substitute “ the Local Government Finance Act 1988 ”.
In section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits), for “fire brigade” substitute “ fire and rescue authority ”.
The Local Government Act 1985 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the Schedule to the Environment and Safety of Information Act 1988 (authorities with duties in relation to public registers), for “fire authority” in the third column substitute “ fire and rescue authority ”.
Section 13 of the Football Spectators Act 1989 (licensing authority’s powers in relation to safety at football grounds) is amended as follows. In subsection (3), for the words from “the local authority” to “case)” substitute— In subsection (4), for “fire authority” substitute “ fire and rescue authority ”.
In paragraph 15(1) of Schedule 8 to the National Health Service and Community Care Act 1990 (transitional provisions), for “fire authority” (in both places) substitute “ fire and rescue authority ”.
The Fire Services Act 2003 is amended as follows.
which corresponds to the area of the fire and rescue authority, or
Section 42 (reorganisation of functions) is amended as follows. Omit subsections (1)(b) and (2). In subsection (3), omit “fire or”.
Section 1 (Secretary of State’s powers) is amended as follows. In subsections (1)(a), (3) and (5)(a) for “fire brigade members” substitute “ employees of a fire and rescue authority ”. Omit subsections (1)(b), (2) and (4) and, in subsection (5)(b), the words from “(including” to “authorities)”. In subsection (9) for “fire authority” substitute “ fire and rescue authority ”.
In section 60(3) (pensions liabilities of police and fire authorities), for “fire authority” substitute “ fire and rescue authority ”.
Section 3 (supplemental provisions) is amended as follows. In subsection (2)— Omit subsection (3). In subsection (4)—
In paragraph 5(a) of Schedule 11 (police and fire services: derelict petroleum tanks), for “fire authority” substitute “ fire and rescue authority ”.
In section 25(1) of the Local Government Act 1974 (authorities subject to investigation), for paragraph (bg) substitute—.
In section 62(2)(a) of the Control of Pollution Act 1974 (restrictions on use of loudspeakers in streets), for “fire brigade” substitute “ fire and rescue authority ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 3(2) of the Zoo Licensing Act 1981 (consideration of applications for licences), for paragraph (c) substitute—.
The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows. In the provisions mentioned in sub-paragraph (3), for “fire authority” (in each place) substitute “ fire and rescue authority ”. The provisions are— In section 9(4) (meaning of “fire authority”), for the words from “ “fire authority”” to “1947” substitute “ “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004 ”. In section 10, in subsections (3) and (8)(a) for “firemen” substitute “ fire-fighters ”.
The Building Act 1984 is amended as follows. In the provisions mentioned in sub-paragraph (3), for “fire authority” (in each place) substitute “ fire and rescue authority ”. The provisions are—
The Fire Safety and Safety of Places of Sport Act 1987 is amended as follows. for the area in which the sports ground about In section 30(8) (appeals), for paragraph (d) substitute— In section 35 (powers of entry and inspection), for paragraph (c) substitute—.
In section 19(a) of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls), for sub-paragraph (ii) substitute—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 336(1) of the Town and Country Planning Act 1990 (interpretation) is amended as follows. For paragraph (aa) of the definition of “local authority” substitute—. In paragraph (b) of that definition, for “that Act” substitute “ the Local Government Finance Act 1988 ”.
The Water Industry Act 1991 is amended as follows.
In section 39(1) of the Local Government Finance Act 1992 (major precepting authorities), for paragraph (da) substitute—.
In section 6(1) of the Welsh Language Act 1993 (meaning of public body), for paragraph (e) substitute—.
In section 135(1) of the Merchant Shipping Act 1995 (restrictions on transfer of oil at night), for “fire brigade” substitute “ fire and rescue authority or other employer of fire-fighters ”.
The Local Government Act 1999 is amended as follows.
Section 57 (duty to supply water for fire-fighting) is amended as follows. In subsections (2) and (4), for “fire authority” substitute “ fire and rescue authority ”. In subsection (5)— After subsection (5) insert—
In section 1(1) (best value authorities), for paragraph (e) substitute—.
In section 147(1) (charging for emergency use of water)—
after “Notwithstanding anything” insert “ in section 38(2) of the Fire and Rescue Services Act 2004, or anything ”;
for “fire authority” substitute “ fire and rescue authority ”.
In section 29(2)(a) (modifications of Part 1 for Wales: authorities which are not best value authorities) omit “or (e)”.
In paragraph 15 of Schedule 4A (premises not to be disconnected for non-payment of charges), for “fire brigade maintained in pursuance of the Fire Services Act 1947” substitute “ fire and rescue authority ”.
within which the area of the fire and rescue authority falls;
In section 6 of the London Local Authorities Act 2000 (parking outside designated parking places), in the amended section 5(4) of the London Local Authorities Act 1995 at paragraph (c), for “fire brigade” substitute “ fire and rescue authority ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government Act 2003 is amended as follows.
In section 23(1) (local authorities) for paragraph (m) substitute—.
“finance officer for police functions” means a member of a chief constable’s civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who—
In section 33(1) (interpretation of Chapter 1) for paragraph (l) substitute—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 101(7) (staff transfer matters: general), omit paragraph (b) and the word “or” immediately preceding it.
Section 54 Short title and chapter Extent of repeal London County Council (General Powers) Act 1894 (c. ccxii) Section 4. Public Health Act 1936 (c. 49) In section 343(1), the definition of “fire authority”. Fire Services Act 1947 (c. 41) The whole Act. Civil Defence Act 1948 (c. 5) In section 5, the words “and brigades”. In section 9(1), the definition of “fire brigade”. London County Council (General Powers) Act 1949 (c. lv) Section 51. Fire Services Act 1951 (c. 27) The whole Act. Fire Services Act 1959 (c. 44) The whole Act. Fire Precautions Act 1971 (c. 40) Section 29. Pensions (Increase) Act 1971 (c. 56) Section 15. In Schedule 2, paragraph 45. Superannuation Act 1972 (c. 11) Section 16. Local Government Act 1972 (c. 70) Section 100J(5). Section 112(4)(c). Local Government Act 1985 (c. 51) In section 42, subsections (1)(b) and (2) and, in subsection (3), the words “fire or”. In Schedule 11, paragraph 2(1) and (2). Water Act 1989 (c. 15) In Schedule 25, paragraph 9. Local Government and Housing Act 1989 (c. 42) Section 2(6)(b). Section 7(2)(b). Water Industry Act 1991 (c. 56) Section 57(10). Section 147(4). Local Government Act 1992 (c. 19) Section 18(3). Police and Firemen’s Pensions Act 1997 (c. 52) Sections 1(3) and 3. Merchant Shipping and Maritime Security Act 1997 (c. 28) Section 4. Local Government Act 1999 (c. 27) In section 29(2)(a), the words “or (e)”. Local Government Act 2000 (c. 22) In Schedule 5, paragraph 14. Criminal Justice and Police Act 2001 (c. 16) In the Table in section 1(1), the entry for section 31 of the Fire Services Act 1947. Regional Assemblies (Preparations) Act 2003 (c. 10) In the Schedule, paragraph 1. Marine Safety Act 2003 (c. 16) Section 2. Local Government Act 2003 (c. 26) In section 99(7), the word “or” at the end of paragraph (d). In section 101(7), paragraph (b) and the word “or” immediately preceding it. Section 121. In Schedule 7, paragraph 1. Fire Services Act 2003 (c. 36) In section 1, subsections (1)(b), (2), (4) and, in subsection (5)(b), the words from “(including” to “authorities)”. In section 3— in subsection (2), the definitions of “fire brigade” and “fire brigade member”; subsections (3) and (4)(e).
Section 1
In this Schedule— 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. 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. But sub-paragraphs (2) and (3) do not apply in a case where— 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).
This paragraph applies to— The FRA’s mayor must— The FRA’s mayor must ensure that the relevant scrutiny body has a reasonable amount of time to— 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). If the FRA’s mayor issues or varies a community risk management plan, the mayor must— 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.
The FRA’s mayor must—
keep the priorities and objectives in the community risk management plan under review, and
in particular, review them in the light of any report or recommendations made to the mayor by the relevant scrutiny body.
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. The notification must include the proposed allocation of the element of the general precept that is attributable to fire and rescue functions. The notification must be given—
The relevant scrutiny body must review any proposed allocation of budget notified to it under paragraph 4. The relevant scrutiny body must make a report to the FRA’s mayor in relation to the proposed allocation of budget. The FRA’s mayor must—
Sections 4A(7) and 4H(7)
A proposal for an order under section 4A (a “section 4A proposal”) must contain an assessment of why— If the proposal suggests that an order under section 4A should be combined with an order under section 4H (delegation to chief constable for police area), the proposal must set out the reasons for that suggestion.
A relevant fire and rescue authority must cooperate with a relevant police and crime commissioner in the preparation of a section 4A proposal. A relevant fire and rescue authority must, in particular, provide a relevant police and crime commissioner with such information held by the authority as the commissioner reasonably requires for the purposes of the preparation of the proposal. Sub-paragraph (2) does not require the authority to provide information if to do so would breach— Sub-paragraphs (1) and (2) do not apply if the proposal is for an order to create a fire and rescue authority for an area which, before the order is made, contains only the areas of two or more fire and rescue authorities created by order under section 4A.
Before submitting a section 4A proposal to the Secretary of State, a relevant police and crime commissioner must— Each consultation under sub-paragraph (1) is to be carried out in such manner as the relevant police and crime commissioner thinks appropriate.
Sub-paragraphs (2) to (4) apply if, in response to a consultation by a relevant police and crime commissioner under paragraph 3(1)(a), a relevant local authority indicates that it does not support a section 4A proposal. The commissioner must, in submitting the proposal to the Secretary of State, provide the Secretary of State with— The Secretary of State must— The Secretary of State must publish the independent assessment—
Subject to sub-paragraphs (2) and (3), the Secretary of State may, in making an order under section 4A, give effect to the proposal for the order with such modifications as the Secretary of State thinks appropriate. If paragraph 1(2) applies to the proposal, the Secretary of State may not in response to the proposal make an order under section 4A which is not combined with an order under section 4H. Before making an order which gives effect to the proposal for the order with modifications, the Secretary of State must consult the following on the modifications—
In this Schedule “section 4A proposal” has the meaning given by paragraph 1(1). In this Schedule “relevant police and crime commissioner”, in relation to a section 4A proposal, means a police and crime commissioner— Any changes to the police areas contained in the proposal are to be disregarded in determining who is a relevant police and crime commissioner for the purposes of sub-paragraph (2). If there is more than one relevant police and crime commissioner in relation to a section 4A proposal, references in this Schedule to the relevant police and crime commissioner are to all of those police and crime commissioners acting jointly. In this Schedule “relevant fire and rescue authority”, in relation to a section 4A proposal prepared by a police and crime commissioner, means a fire and rescue authority— In this Schedule “relevant local authority”, in relation to a section 4A proposal, means a local authority— In sub-paragraph (6) “local authority” means—
This paragraph makes provision about the application of this Schedule to an order under section 4H which is not combined, or proposed to be combined, with an order under section 4A (a “section 4H order”). Subject as follows, this Schedule applies to a section 4H order as it applies to an order under section 4A. The following provisions of this Schedule do not apply in relation to a section 4H order— In the application of this Schedule to a section 4H order—
Section 4M(1)
This Schedule makes provision about the application of certain enactments relating to police and crime commissioners to a relevant fire and rescue authority. In this Schedule— In this Schedule “fire and rescue plan” means a document which— In this Schedule “fire and rescue statement” means a document which—
Subsections (1), (1B), (2), (5A) and (5B) of section 96 of the Police Act 1996 (arrangements for obtaining the views of the community on policing) apply in relation to a relevant fire and rescue authority as they apply in relation to an elected local policing body, subject to sub-paragraph (2). As applied by sub-paragraph (1), those subsections have effect as if—
Subsections (6) to (12) of section 5 of the Police Reform and Social Responsibility Act 2011 (scrutiny of police and crime plans) apply in relation to a relevant fire and rescue authority as they apply in relation to an elected local policing body, subject to sub-paragraph (2). As applied by sub-paragraph (1), those subsections have effect as if—
Section 11 of the Police Reform and Social Responsibility Act 2011 (information for public etc) applies in relation to a relevant fire and rescue authority as it applies in relation to an elected local policing body, subject to sub-paragraph (2). As applied by sub-paragraph (1), that section has effect as if—
Subsections (2) to (5) of section 12 of the Police Reform and Social Responsibility Act 2011 (annual reports) apply in relation to a relevant fire and rescue authority as they apply in relation to an elected local policing body, subject to sub-paragraph (2). As applied by sub-paragraph (1), those subsections have effect as if—
Section 13 of the Police Reform and Social Responsibility Act 2011 (information for police and crime panels) applies in relation to a relevant fire and rescue authority as it applies in relation to an elected local policing body, subject to sub-paragraph (2). As applied by sub-paragraph (1), that section has effect as if—
Subsections (1), (2) and (4) to (7) of section 17 of the Police Reform and Social Responsibility Act 2011 (duties when carrying out functions) apply in relation to a relevant fire and rescue authority as they apply in relation to an elected local policing body, subject to sub-paragraph (2). As applied by sub-paragraph (1), those subsections have effect as if—
Subsections (2) to (9) and (11) of section 28 of the Police Reform and Social Responsibility Act 2011 (police and crime panels outside London) apply in relation to a relevant fire and rescue authority as they apply in relation to a police and crime commissioner, subject to sub-paragraph (2). As applied by sub-paragraph (1), those subsections have effect as if—
Section 29 of the Police Reform and Social Responsibility Act 2011 (power to require attendance and information) applies in relation to a relevant fire and rescue authority as it applies in relation to a police and crime commissioner, subject to sub-paragraph (2). As applied by sub-paragraph (1), that section has effect as if—
Section 31 of the Police Reform and Social Responsibility Act 2011 (conduct of police and crime commissioner etc) applies in relation to a holder of the office of relevant fire and rescue authority as it applies in relation to a holder of the office of police and crime commissioner.
Paragraphs 9(1)(b) and (2) and 10 to 12 of Schedule 1 to the Police Reform and Social Responsibility Act 2011 (scrutiny of appointment of chief finance officer) apply in relation to a relevant fire and rescue authority as they apply in relation to a police and crime commissioner, subject to sub-paragraph (2). As applied by sub-paragraph (1), those paragraphs have effect as if— In sub-paragraph (2)(d)(i) “the relevant police area” means the police area—
Schedule 5 to the Police Reform and Social Responsibility Act 2011 (issuing precepts) applies in relation to a relevant fire and rescue authority as it applies in relation to a police and crime commissioner, subject to sub-paragraph (2). As applied by sub-paragraph (1), that Schedule has effect as if references to the relevant police and crime panel (within the meaning of that Act) or to the police and crime panel were to the relevant police and crime panel (within the meaning of this Schedule).
Schedule 7 to the Police Reform and Social Responsibility Act 2011 (regulations about complaints and conduct matters) applies in relation to a holder of the office of relevant fire and rescue authority as it applies in relation to a holder of the office of police and crime commissioner, subject to sub-paragraph (2). As applied by sub-paragraph (1), that Schedule has effect as if references to police and crime panels were to relevant police and crime panels.
Section 28
This paragraph applies for the purposes of this Schedule. References to an English inspector are to an inspector appointed under section 28(A1). References to the inspection function are to the function conferred on the English inspectors by section 28(A3). References to a person providing services to a fire and rescue authority are to a person providing services, in pursuance of contractual arrangements (but without being employed by a fire and rescue authority), to assist the fire and rescue authority in relation to the exercise of its functions. “Public authority” includes any person certain of whose functions are functions of a public nature.
An English inspector may arrange for the inspection function to be exercised (to such extent as the inspector may determine) by another public authority on behalf of the inspector.
An English inspector, when exercising the inspection function, must co-operate with Her Majesty’s Inspectors of Constabulary.
An English inspector may act jointly with Her Majesty’s Inspectors of Constabulary where it is appropriate to do so for the efficient and effective exercise of the inspection function.
The chief fire and rescue inspector for England may, if he or she thinks it appropriate to do so, provide assistance to any other public authority for the purpose of the exercise by that authority of its functions. The chief fire and rescue inspector for England may do anything he or she thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities). Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief fire and rescue inspector for England thinks fit.
An English inspector may serve on a relevant person a notice requiring the person— This is subject to sub-paragraphs (6) to (8). In sub-paragraph (1), “relevant person” means— A notice under this paragraph must— A notice under this paragraph may specify the form and manner in which any information, documents, evidence or other things are to be provided, produced or delivered up. An English inspector may cancel a notice under this paragraph by written notice to the person on whom it was served. A notice under this paragraph must not be used to obtain information, or any document or other thing, from a person if— The bodies and other entities referred to in sub-paragraph (6) are— A notice under this paragraph must not require a person— In this paragraph—
An English inspector may serve on a person a notice requiring the person to allow the inspector access, which the inspector reasonably requires for the purpose of the exercise of the inspection function, to— A notice under this paragraph must— Where there are reasonable grounds for not allowing the inspector to have access to the premises at the time specified under sub-paragraph (2)(b), the requirement under this paragraph has effect as a requirement to secure that access is allowed to the inspector at the earliest practicable time specified by the inspector after there cease to be such grounds. An English inspector may cancel a notice under this paragraph by written notice to the person on whom it was served. In this paragraph “document” and “English inspector” have the same meanings as in paragraph 6 (and, for that purpose, the reference in paragraph (b) of the definition of “English inspector” in paragraph 6(9) to paragraph 6 is to be read as a reference to this paragraph).
If a person who has received a notice under paragraph 6 or 7— the chief fire and rescue inspector for England may certify in writing to the High Court that the person has failed to comply with the notice. The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court.
Where an English inspector, in exercise of the inspection function, receives information within sub-paragraph (2), the inspector must not disclose the information, or the fact that it has been received, unless the relevant authority consents to the disclosure. The information is— Where an English inspector discloses to another person information within sub-paragraph (2) that the inspector received in exercise of the inspection function, or the fact that the inspector has received such information in exercise of the inspection function, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure. A prohibition on disclosure in sub-paragraph (1) or (3) does not apply to disclosure by one English inspector to another. In this paragraph—
A person who provides information that is intelligence service information to an English inspector exercising the inspection function must— In this paragraph, “English inspector”, “intelligence service information” and “relevant authority” have the same meaning as in paragraph 9.