The Greater Manchester Combined Authority (Fire and Rescue Functions) (Amendment) Order 2020

Insertion of articles 5A to 5D

5.  After article 5 insert—

“Police, Fire and Crime Panel: oversight functions in relation to fire and rescue functions

5A.— (1) The Police, Fire and Crime Panel has oversight functions(1) in relation to—

(a) any fire and rescue functions of the Mayor that are exercisable by the deputy mayor for policing and crime as a result of arrangements described in article 5(1A); and

(b) fire and rescue functions exercisable by the Mayor,

as set out in articles 5B to 5D, and by virtue of Schedule 1.

(2) The modifications of enactments set out in Schedule 1 have effect for the purposes of the application of those enactments to the GMCA as fire and rescue authority.

Police, Fire and Crime Panel: scrutiny of the local risk plan

5B.— (1) Before issuing a local risk plan or varying the GMCA’s priorities and objectives set out in a local risk plan, the Mayor must—

(a) consult the chief fire officer in preparing the draft plan, or the draft variation;

(b) send the draft priorities and objectives, or the draft variation of the priorities and objectives, to the Police, Fire and Crime Panel;

(c) have regard to any report or recommendations made by the Police, Fire and Crime Panel in relation to the draft priorities and objectives, or the draft variation of the priorities and objectives, in accordance with section 28(3) of the PRSR Act 2011 (2); and

(d) as soon as reasonably practicable, give the Police, Fire and Crime Panel a response to any such report or recommendations, and publish the response in such manner as the Mayor considers appropriate.

(2) In complying with paragraph (1)(b), the Mayor must ensure that the Police, Fire and Crime Panel has a reasonable amount of time to consider the draft priorities and objectives, or the draft variation of the priorities and objectives, and to produce its report or recommendations.

(3) The Mayor must consult the chief fire officer before issuing or varying a local risk plan if, and to the extent that, the priorities and objectives in the plan or variation are different from the draft prepared in accordance with paragraph (1).

(4) The Mayor must keep the priorities and objectives in the local risk plan under review and, in particular, review them in the light of any report or recommendations made to the Mayor by the Police, Fire and Crime Panel under section 28(4) of the PRSR Act 2011.

(5) If the Mayor issues or varies a local risk plan, the Mayor must—

(a) send a copy of the issued local risk plan, or the variation, to the chief fire officer; and

(b) publish a copy of the issued plan, or the variation, in such manner as the Mayor considers appropriate.

(6) The duty under paragraph (5) to send or publish a copy of the variation may instead be satisfied by sending or publishing a copy of the plan as varied.

(7) In this article “priorities and objectives” means the GMCA’s priorities and objectives in connection with the discharge of the GMCA’s functions as a fire and rescue authority, as required to be set out in the local risk plan.

Mayor to notify Police, Fire and Crime Panel of proposed allocation of budget for fire and rescue functions

5C.— (1) The Mayor must, in each financial year, notify the Police, Fire and Crime Panel of the Mayor’s proposed allocation of the draft budget for fire and rescue functions in relation to the following financial year (“proposed allocation of budget”).

(2) The notification described in paragraph (1) must be given before the date on which the GMCA determines whether to approve the Mayor’s annual budget in relation to the following financial year, and the Police, Fire and Crime Panel must have a reasonable amount of time to review the proposed allocation of budget before the GMCA makes its determination.

Police, Fire and Crime Panel to review proposed allocation of budget for fire and rescue functions

5D.— (1) The Police, Fire and Crime Panel must review any proposed allocation of budget notified to it under article 5C.

(2) The Police, Fire and Crime Panel must make a report to the Mayor in relation to the proposed allocation of budget.

(3) Where the Police, Fire and Crime Panel makes a report described in paragraph (2), the Mayor must—

(a) have regard to the report and to any recommendations made in it;

(b) provide the Police, Fire and Crime Panel with a response to the report and any recommendations made in it; and

(c) publish the response in such manner as is required by the Police, Fire and Crime Panel.”.

(1)

See paragraph 5(4) of Schedule 5C to the LDEDC Act 2009 for the meaning of “oversight functions”.

(2)

Section 28 is modified by this instrument.