Заявление министров о переговорах о процессе приднестровского урегулирования в формате "5+2"

The Secretary of State may by order provide—

In subsection (1) “the relevant police area” means the police area which—

The whole of an area of a fire and rescue authority created by an order under this section must be—

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—

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—

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—

A transfer scheme may make supplementary, incidental, transitional and consequential provision and may in particular—

A transfer scheme may provide—

In this section—

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—

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—

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—

An order under section 4A may make provision—

In subsection (10)—

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—

Provision made under subsection (10) may—

An order under section 4A may make provision about—

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—

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—

The acting commissioner is to act as the fire and rescue authority for the period of the acting commissioner’s appointment.

Accordingly—

Subsection (7) applies if a person elected as police and crime commissioner for a police 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—

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—

Provision under subsection (4) or (6) may, in particular, make different provision for different parts of an authority’s area.

In this section—

The Secretary of State may by order make provision about—

Provision made under subsection (1) may—

Provision made under subsection (1)(b) may enable delegation to—

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—

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—

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—

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—

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)—

Where an order under section 4H is in force, the fire and rescue authority to which the order applies must pay—

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—

In this section—

This section applies if—

The chief constable must secure that good value for money is obtained in exercising—

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—

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—

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 Secretary of State may by order—

Those persons are—

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—

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.

A relevant fire and rescue authority may do—

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—

Section 5A(1) does not enable a relevant fire and rescue authority to do—

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—

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—

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—

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.

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—

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—

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 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.

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—

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—

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—

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—

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 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—

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—

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—

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.

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—

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—

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).

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 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—

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—

Accordingly, where the powers conferred by subsection (2) are exercised in relation to 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—

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—

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—

In this section—

A fire and rescue authority must make provision for the purpose of—

In making provision under subsection (1) a fire and rescue authority must in particular—

A fire and rescue authority must make provision for the purpose of—

In making provision under subsection (1) a fire and rescue authority must in particular—

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—

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 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—

The event or situation is one that causes or is likely to cause—

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 fire and rescue authorities participating in a reinforcement scheme must give effect to it.

This section applies if—

The Secretary of State may direct the authorities concerned—

Before giving a direction under subsection (2) the Secretary of State—

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.

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—

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—

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.

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.

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—

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.

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—

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.

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—

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)—

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.

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.

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 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—

The Framework may contain different provision for different descriptions of fire and rescue authority.

The Secretary of State must keep the terms of the Framework under review and may from time to time make revisions to it.

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—

In preparing the Framework, or any revisions to the Framework which appear to him to be significant, the Secretary of State—

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.

The Welsh Ministers may by regulations—

The requirements which may be imposed under subsection (1)(b) include requirements about—

Requirements about a plan's content include requirements to—

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—

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—

The Secretary of State may make an order under subsection (2) only if he considers that making the order would promote—

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 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—

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—

The Secretary of State must report to Parliament on—

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.

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—

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 power under subsection (A7)(e) may be exercised in relation to—

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—

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—

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 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—

The chief fire and rescue inspector for England must—

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).

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 may by order make provision requiring one ormore fire and rescue authorities—

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—

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).

The purposes are—

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—

A chairman is independent for the purposes of subsection (2) if he is not—

Subsection (5) applies if—

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.

“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—

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—

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—

Subsection (1) is subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing schemes).

A scheme brought into operation under this section may in particular—

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—

A person guilty of an offence under subsection (6) is liable—

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”—

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—

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—

These are the questions—

Subsection (4) applies if—

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—

In this section—

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—

Subsection (1) does not prevent the exercise of functions under section 7 (fire-fighting) by—

In this section “relevant chief constable” means the chief constable of a police force for a police area to whom —

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—

In particular, an employee of a fire and rescue authority who is authorised as mentioned in subsection (1) may under that subsection—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

An authorised officer may at any reasonable time enter premises—

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)—

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.

An authorised officer may apply to a justice of the peace if—

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.

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)—

If an authorised officer exercises a power of entry under section 45(1)(a), he may—

If an authorised officer exercises a power of entry under section 45(1)(b) he may—

If an authorised officer exercises the power in subsection (2)(d) he must—

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—

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—

The notice required by section 45(4) may be given—

The proper address of a person for the purposes of subsection (2) and section 7 of the Interpretation Act 1978 (c. 30) is—

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—

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”)—

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)—

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—