Greater London Authority Act 1999

Part VII The London Fire and Emergency Planning Authority

328 Reconstitution of the Fire etc Authority

(1) Section 27 of the [1985 c. 51.] Local Government Act 1985 (which established the London Fire and Civil Defence Authority) shall cease to have effect.

(2) Notwithstanding the repeal of that section, the body corporate established by it (in this Act referred to as “the Fire etc Authority”) shall continue in being and shall, instead of being known as the London Fire and Civil Defence Authority, be known as the London Fire and Emergency Planning Authority.

(3) Any appointment to the Fire etc Authority in pursuance of section 27 of the [1985 c. 51.] Local Government Act 1985 shall cease to have effect on the reconstitution day.

(4) As from the reconstitution day, the Fire etc Authority shall be reconstituted in accordance with the provisions of Schedule 28 to this Act.

(5) In construing in any enactment (whenever passed or made) any reference to, or any reference which includes a reference to, an authority established by Part IV of the [1985 c. 51.] Local Government Act 1985 (however framed), the Fire etc Authority shall be taken on and after the reconstitution day to be an authority established otherwise than under that Part.

(6) Without prejudice to anything in section 15, 16 or 17 of the [1978 c. 30.] Interpretation Act 1978, nothing in subsection (5) above—

(a) revives anything not in force or existing on the reconstitution day;

(b) affects the previous operation of any enactment or anything duly done or suffered before the reconstitution day;

(c) affects any right, privilege, obligation or liability acquired, accrued or incurred before the reconstitution day;

(d) affects any penalty, forfeiture or punishment incurred in respect of any offence committed before the reconstitution day;

(e) affects any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if subsection (5) above had not been enacted.

(7) Subject to the other provisions of this Act, any reference to, and any reference which includes a reference to, the Fire etc Authority in any Act or other document shall be construed in accordance with the preceding provisions of this section.

(8) Schedule 29 to this Act (which amends certain enactments relating to the Fire etc Authority and repeals spent provisions applying such enactments to authorities in Greater London which have been abolished) shall have effect.

(9) In this section and Schedule 28 to this Act—

• “enactment” includes an enactment comprised in subordinate legislation;

• “the reconstitution day” means such day as the Secretary of State may by order appoint for the purpose.

329 Role as the fire authority for Greater London

(1) Schedule 11 to the [1985 c. 51.] Local Government Act 1985 (police and fire services) shall be amended as follows.

(2) In paragraph 2(1) (London Fire and Civil Defence Authority to be the fire authority for Greater London) for “London Fire and Civil Defence Authority” there shall be substituted “London Fire and Emergency Planning Authority”.

(3) In paragraph 2(4) (which provides that references in the [1865 c. 90.] Metropolitan Fire Brigade Act 1865 to the Metropolitan Board of Works are to be construed as references to the London Fire and Civil Defence Authority) for “London Fire and Civil Defence Authority” there shall be substituted “London Fire and Emergency Planning Authority”.

330 Civil defence

(1) In section 62 of the [1939 c. 31.] Civil Defence Act 1939 (power of local authorities etc to appropriate land and buildings for the purposes of civil defence) in subsection (1A)(a) (meaning in England and Wales of “local authority” in the first place where it occurs in subsection (1)(b)) after “includes” there shall be inserted “the London Fire and Emergency Planning Authority,”.

(2) In section 9(1) of the [1948 c. 5.] Civil Defence Act 1948 (general definitions) in the definition of “local authority” as respects England and Wales, after paragraph (a) there shall be inserted—

“(a1) the London Fire and Emergency Planning Authority;”.

331 Openness

(1) Section 100J of the [1972 c. 70.] Local Government Act 1972 (access to meetings and documents: application of Part VA to joint authorities etc as to principal councils) shall be amended as follows.

(2) In subsection (1) (which lists the bodies to which the Part is applied) after paragraph (b) there shall be inserted—

“(bb) the London Fire and Emergency Planning Authority;”.

(3) In subsection (2) (joint boards and joint committees of certain bodies) in the words following paragraph (b), after “(b)” there shall be inserted “, (bb)”.

(4) In subsection (3) (modifications of section 100A(6)(a) relating to council premises in the case of certain bodies specified in paragraphs of subsection (1)) after “(b),” there shall be inserted “(bb),”.

(5) After subsection (4) (application of section 100G(1)(a) relating to registers of members in the case of certain bodies specified in subsection (1)) there shall be inserted—

“(4A) In its application by virtue of subsection (1)(bb) above in relation to the London Fire and Emergency Planning Authority, section 100G(1)(a) shall have effect with the substitution for the words “the ward or division which he represents” of the words “whether he is an Assembly representative or a borough representative, and—

(i) if he is an Assembly representative, whether he is a London member or a constituency member and, if a constituency member, the Assembly constituency for which he is a member; or

(ii) if he is a borough representative, the council of which he is a member (whether a London borough council or the Common Council).””

332 Discharge of functions

(1) In section 101 of the [1972 c. 70.] Local Government Act 1972 (arrangements for discharge of functions by local authorities) in subsection (13) (meaning of “local authority” in Part VI) after “Under Treasurer of the Middle Temple,” there shall be inserted “the London Fire and Emergency Planning Authority,”.

(2) In section 104 of that Act (disqualification for membership of committees and joint committees) after subsection (4) there shall be inserted—

“(5) In the application of this section to the London Fire and Emergency Planning Authority, the reference to a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be treated as if it included a reference to a person who is disqualified under section 21 of the Greater London Authority Act 1999 from being elected or being the Mayor of London or a member of the London Assembly.”

333 Miscellaneous powers and duties

In section 146A of the [1972 c. 70.] Local Government Act 1972 (which for the purposes of certain provisions of Part VII treats a joint authority or the Inner London Education Authority as a local authority or a principal council) in subsection (1), after “a joint authority” there shall be inserted “, the London Fire and Emergency Planning Authority”.