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Local Government and Elections (Wales) Act 2021

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166Combined fire and rescue authorities: inquiries

This section has no associated Explanatory Notes

(1)The Fire and Rescue Services Act 2004 (c. 21) is amended as follows.

(2)In section 2 (power to create combined fire and rescue authorities)—

(a)in subsection (8)—

(i)omit “must cause an inquiry to be held”;

(ii)in paragraph (a), at the beginning insert “must cause an inquiry to be held”;

(iii)at the end of paragraph (a), omit “or”;

(iv)for paragraph (b) substitute—

(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;

(v)after that paragraph insert—

(c)where a scheme constituted a fire and rescue authority for an area in Wales, must cause an inquiry to be held before—

(i)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

(ii)revoking the scheme.;

(b)in subsection (9)—

(i)in paragraph (b), after “(8)(b)” insert “or (c)”;

(ii)in paragraph (c), for “either” substitute “any”;

(iii)in that paragraph, after ”2007” insert “or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021”;

(iv)in paragraph (d), for “either” substitute “any”;

(c)in subsection (10), after “2007” insert “or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or regulations are made under Part 7 of the Local Government and Elections (Wales) Act 2021,”.

(3)In section 4 (combined authorities under the Fire Services Act 1947 (c. 41))—

(a)in subsection (6), for “must cause an inquiry to be held” substitute

(a)where the scheme constituted a fire and rescue authority for an area in England, must cause an inquiry to be held, and

(b)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—

(i)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

(ii)the scheme would be revoked.;

(b)in paragraph (b) of subsection (7), after ”2007” insert “or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021”.

(4)In section 34(3) of the 2013 Act (pre-review procedure: mandatory consultees), after paragraph (b) insert—

(ba)any fire and rescue authority (constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies) for an area in Wales which may be affected by the review,.

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