328ADirections etc by the Mayor

1

The Mayor may issue to the Fire etc Authority any of the following—

a

guidance as to the manner in which it is to exercise its functions,

b

general directions as to the manner in which it is to exercise its functions,

c

specific directions as to the exercise of its functions.

2

Directions issued by the Mayor under subsection (1)(c) above may include a direction not to exercise a power specified in the direction.

3

The guidance or directions which may be issued by the Mayor under subsection (1) above include guidance or directions as to the manner in which the Fire etc Authority—

a

is to perform any of its duties, or

b

is to conduct any legal proceedings.

4

The Mayor must send to the chief officer of the Fire etc Authority a copy of any guidance or directions issued under subsection (1) above.

5

In exercising any power conferred by this section, the Mayor must have regard to each of the following—

a

the Fire and Rescue National Framework (see subsection (6)),

b

fire safety enforcement guidance (see subsection (6)).

See also section 328B below (directions to the Mayor by the Secretary of State).

6

In this section—

• “the Fire and Rescue National Framework” means the Fire and Rescue National Framework, prepared under section 21 of the Fire and Rescue Services Act 2004;

• “fire safety enforcement guidance” means guidance under article 26 (enforcement) of the Regulatory Reform (Fire Safety) Order 2005 given by the Secretary of State to the Fire etc Authority in its capacity as an enforcing authority for the purposes of that Order.

328BDirections to the Mayor by the Secretary of State

1

This section applies if the Secretary of State considers that any guidance or directions (“the inconsistent guidance or directions”) issued under section 328A above by the Mayor are inconsistent with—

a

the Fire and Rescue National Framework, or

b

fire safety enforcement guidance.

2

In order to remove the inconsistency, the Secretary of State may direct the Mayor—

a

to make such revisions of the inconsistent guidance or directions as may be specified by the Secretary of State in the direction, or

b

if the inconsistency arises from a specific direction under section 328A(1)(c) above, to revoke the direction.

3

Any direction given by the Secretary of State under subsection (2) above must specify or otherwise identify the inconsistency in question.

4

The Mayor must comply with any direction under subsection (2) above.

5

In this section—

• “the Fire and Rescue National Framework” has the same meaning as in section 328A above;

• “fire safety enforcement guidance” has the same meaning as in section 328A above.