Fire and Rescue Services Act 2004

4 Combined authorities under the Fire Services Act 1947 E+W

(1) 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.

(2) A scheme to which this section applies continues to have effect despite that repeal.

(3) 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.

(4) The Secretary of State may by order vary or revoke a scheme to which this section applies.

(5) Before making an order under subsection (4) in relation to a scheme the Secretary of State must consult—

(a) any fire and rescue authority which appears to him likely to be affected,

(b) 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,

(c) 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

(d) any other persons he considers appropriate.

[F1 (5A) The duty to consult under subsection (5) does not apply if—

(a) the scheme constituted a fire and rescue authority for an area in England, and

(b) the variation or revocation has been proposed by the fire and rescue authority.]

(6) Before making an order under subsection (4) varying or revoking a scheme the Secretary of State [F2 —

(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.]

(7) The Secretary of State is not required to cause an inquiry to be held under subsection (6) (but may do so) if—

(a) 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,

(b) 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), F3 [F4 ... Part 1 of the Local Government and Public Involvement in Health Act 2007] [F5 or Part 3 of the [F6 Democracy and Boundary Commission Cymru etc. Act 2013], or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021], or

(c) the Secretary of State considers that, in the interests of public safety, the scheme should be varied or revoked without delay.

Textual Amendments

F1 S. 4(5A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(l), Sch. 22 para. 16(3)

F2 S. 4(6)(a)(b) substituted for words in s. 4(6) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(3)(a), 175(3)(r)

F3 Words in s. 4(7)(b) repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(5), 148(5), Sch. 7 Pt. 4; S.I. 2009/3318, art. 4(ii)

F4 Words in s. 4(7)(b) substituted (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 22(3); S.I. 2007/3136, art. 2(b)

F5 Words in s. 4(7)(b) inserted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 166(3)(b), 175(1)(i)

F6 Words in s. 4(7)(b) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), s. 25(1)(a), Sch. 1 para. 3(3)

Commencement Information

I1 S. 4 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I2 S. 4 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2