Fire and Rescue Services Act 2004

Valid from 22/07/2004

Valid from 07/09/2004

2 Power to create combined fire and rescue authorities E+W

(1) The Secretary of State may by order make a scheme constituting a fire and rescue authority for the combined area of two or more existing fire and rescue authorities.

(2) A scheme under this section may be made only if it appears to the Secretary of State that, in the interests of—

(a) economy, efficiency and effectiveness, or

(b) public safety,

there should be a single fire and rescue authority for the combined area.

(3) A scheme under this section may be made by the Secretary of State—

(a) to give effect to a draft scheme submitted to him by the existing authorities in question, or

(b) on his own initiative.

(4) A scheme under this section made as mentioned in subsection (3)(a) may include any modifications to the draft scheme which seem appropriate to the Secretary of State after consulting the existing authorities in question.

(5) Before making a scheme under this section as mentioned in subsection (3)(b) the Secretary of State must consult—

(a) the existing authorities in question,

(b) any local authority all or part of whose area forms part of the combined area, and

(c) any other persons he considers appropriate.

(6) The Secretary of State may by order vary or revoke a scheme under this section but before doing so 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.

(7) An order under subsection (6) varying or revoking a scheme may include provision for the transfer of staff, property, rights and liabilities from the combined fire and rescue authority to any other fire and rescue authority.

(8) The Secretary of State must cause an inquiry to be held—

(a) before making a scheme as mentioned in subsection (3)(b), or

(b) before varying or revoking a scheme under this section.

(9) The Secretary of State is not required to cause an inquiry to be held under subsection (8) (but may do so) if—

(a) in a case within subsection (8)(a), the existing authorities in question agree to the making of the scheme,

(b) in a case within subsection (8)(b), the combined fire and rescue 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,

(c) in either case, it appears to the Secretary of State that the scheme, variation or revocation is to be made solely for the purpose of giving effect to an order under Part 4 of the Local Government Act 1972 (c. 70), Part 2 of the Local Government Act 1992 (c. 19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c. 10), or

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

(10) Subsection (11) applies if—

(a) an order is made under Part 4 of the Local Government Act 1972 (c. 70), Part 2 of the Local Government Act 1992 (c. 19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c. 10) in relation to any area, but

(b) the order, or any provision of the order, has not come into force.

(11) If this subsection applies—

(a) a scheme under this section may be made as if the order or provision referred to in subsection (10)(b) were in force, and

(b) this section has effect in relation to any scheme so made, or proposed to be so made, as if the order or provision were in force;

but a scheme so made may not come into force before the order or provision does.