SCHEDULES
SCHEDULE 1Provision for police and crime commissioner to be fire and rescue authority
Part 2Amendments to other Acts
Fire Services Act 1947 (c. 41)
I1I8514
In section 26 of the Fire Services Act 1947 (firefighters' pension scheme) (as continued in force by order under section 36 of the Fire and Rescue Services Act 2004) after subsection (5) insert—
5A
References in this section to employment as a member of a fire brigade or on duties connected with the provision of fire services include employment by the chief constable of the police force for a police area as a result of—
a
a transfer to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, or
b
an appointment by the chief constable under section 4I(4) of that Act.
5B
References in this section to a fire authority include the chief constable of the police force for a police area who employs persons as mentioned in subsection (5A).
Landlord and Tenant Act 1954 (c. 56)
I2I8615
In section 69(1) of the Landlord and Tenant Act 1954 (interpretation) in the definition of “local authority” for “or a combined authority established under section 103 of that Act” substitute “
, a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
”
.
Local Government Act 1966 (c. 42)
I3I8716
In section 11 of the Local Government Act 1966 (grants for certain expenditure due to ethnic minority population) in subsection (2)
(bodies to which the section applies) after “This section shall apply to” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
Leasehold Reform Act 1967 (c. 88)
I4I8817
The Leasehold Reform Act 1967 is amended as follows.
I5I8918
In section 28 (retention or resumption of land required for public purposes) in subsection (5)(a)
(application to local authorities) after “any combined authority established under section 103 of that Act,” insert “
any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
I6I9019
In Schedule 4A (exclusion of certain shared ownership leases) in paragraph 2(2) (leases granted by certain local authorities: bodies to which the exclusion applies) after paragraph (b) insert—
ba
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
Local Government Grants (Social Need) Act 1969 (c. 2)
I7I9120
In section 1 of the Local Government Grants (Social Need) Act 1969 (grants for special social needs) in subsection (3)
(meaning of “local authority”) after “shall also include” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
I8I9221
In section 3(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance: employers to which the exemption applies) after “a combined authority established under section 103 of that Act,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
Local Authorities (Goods and Services) Act 1970 (c. 39)
I9I9322
In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) in subsection (4)
(interpretation) after “any combined authority established under section 103 of that Act,” insert “
any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
Local Government Act 1972 (c. 70)
I10I9423
The Local Government Act 1972 is amended as follows.
I11I9524
In section 120 (acquisition of land by agreement) after subsection (3A) insert—
3B
A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 is to be treated as a principal council for the purposes of this section (apart from subsection (1)(b)).
I12I9625
In section 138C(1) (application of provisions about religious etc observance and involvement with religious etc events) after paragraph (p) insert—
pa
a fire and rescue authority created by an order under section 4A of that Act, but only for the purposes of section 138B;
I13I9726
In section 222 (power of local authority to prosecute or defend legal proceedings) in subsection (2)
(application to bodies other than local authorities) after “the Common Council” insert “
and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
”
.
I14I9827
In section 223 (appearance of local authorities in legal proceedings) in subsection (2)
(application to bodies other than local authorities) after “a combined authority,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
I15I9928
In section 229 (photographic copies of documents) in subsection (8)
(meaning of “local authority”) after “a combined authority,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
I16I10029
In section 231 (service of notices on local authorities, etc) in subsection (4)
(meaning of “local authority”) after “a combined authority,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
I17I10130
In section 232 (public notices) in subsection (1A)
(meaning of “local authority”) after “a combined authority,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
I18I10231
In section 233 (service of notices by local authorities) in subsection (11)
(meaning of “local authority”) after “a combined authority,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
I19I10332
In section 234 (authentication of documents) in subsection (4)
(meaning of “local authority”) after “a combined authority,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
Employment Agencies Act 1973 (c. 35)
I20I10433
In section 13(7) of the Employment Agencies Act 1973 (activities to which the Act does not apply) after paragraph (fh) insert—
fi
the exercise by a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 of any of its functions;
Local Government Act 1974 (c. 7)
I21I10534
In section 25(1) of the Local Government Act 1974 (authorities subject to investigation) after paragraph (bg) insert—
bh
a fire and rescue authority created by an order under section 4A of that Act;
Health and Safety at Work etc Act 1974 (c. 37)
I22I10635
In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information: meaning of local authority) after “a combined authority established under section 103 of that Act” insert “
, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
”
.
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
I23I10736
In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1) in paragraph (a) of the definition of “local authority” after “a combined authority established under section 103 of that Act” insert “
, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
”
.
Rent (Agriculture) Act 1976 (c. 80)
I24I10837
In section 5(3) of the Rent (Agriculture) Act 1976 (tenancies which are not statutory tenancies) after paragraph (bbb) insert—
bbc
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
Rent Act 1977 (c. 42)
I25I10938
In section 14(1) of the Rent Act 1977 (tenancies which are not protected tenancies) after paragraph (cc) insert—
cd
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
Protection from Eviction Act 1977 (c. 43)
I26I11039
In section 3A(8)(a) of the Protection from Eviction Act 1977 (excluded tenancies and licences: licences to occupy local authority etc hostels) after “the Inner London Education Authority,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
Local Government, Planning and Land Act 1980 (c. 65)
I27I11140
The Local Government, Planning and Land Act 1980 is amended as follows.
I28I11241
In section 99 (disposal of land at direction of Secretary of State - supplementary) in subsection (4) (authorities who may make representations about directions) after paragraph (dbb) insert—
dbc
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
I29I11342
In Schedule 16 (bodies to whom Part 10 applies) after paragraph 5BC insert—
5BD
A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.
Acquisition of Land Act 1981 (c. 67)
I30I11443
In section 17(4) of the Acquisition of Land Act 1981 (local authority and statutory undertakers' land: interpretation) in paragraph (a) of the definition of “local authority” after “the Common Council of the City of London,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
I31I11544
The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.
I32I11645
In section 33 (enforceability by local authorities of certain covenants relating to land) in subsection (9)(a)
(meaning of “principal council”) after “the London Residuary Body,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
I33I11746
In section 41 (lost and uncollected property) in subsection (13) (interpretation) in the definition of “local authority” after paragraph (ezb) insert—
ezc
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
I34I11847
In section 45 (arrangements under Employment and Training Act 1973) in subsection (2) (local authorities to which section applies) after paragraph (c) (but before the “and” at the end of that paragraph) insert—
ca
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
County Courts Act 1984 (c. 28)
I35I11948
In section 60(3) of the County Courts Act 1984 (right of audience of local authority: interpretation) in the definition of “local authority” after “a combined authority established under section 103 of that Act,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
Housing Act 1985 (c. 68)
I36I12049
In section 4(1)(e) of the Housing Act 1985 (other descriptions of authority: local authorities) after “a combined authority” in both places insert “
, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
”
.
Landlord and Tenant Act 1985 (c.70)
I37I12150
In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “local authority” after “a combined authority established under section 103 of that Act” insert “
, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
”
.
Local Government Act 1986 (c. 10)
I38I12251
The Local Government Act 1986 is amended as follows.
I39I12352
In section 6(2)(a) (meaning of “local authority” for the purposes of Part 2) after the entry relating to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 insert—
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
I40I12453
In section 9(1)(a) (meaning of “local authority” for the purposes of Part 3) after the entry relating to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 insert—
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
Landlord and Tenant Act 1987 (c.31)
I41I12554
In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) in paragraph (a)
(local authorities) after “the Common Council of the City of London,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
Local Government Act 1988 (c. 9)
I42I12655
In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities) in the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 and other fire and rescue authorities, after “applies” insert “
, a fire and rescue authority created by an order under section 4A of that Act
”
.
Housing Act 1988 (c. 50)
I43I12756
The Housing Act 1988 is amended as follows.
I44I12857
In section 74(8) (transfer of land etc to housing action trusts: meaning of “local authority”) after paragraph (fb) insert—
fc
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
I45I12958
In Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) in paragraph 12(2) (local authority tenancies: meaning of “local authority”) after paragraph (e) insert—
ea
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
Road Traffic Act 1988 (c. 52)
I46I13059
In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from the requirement for third party insurance) after “the Inner London Education Authority,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
Local Government and Housing Act 1989 (c. 42)
I47I13160
The Local Government and Housing Act 1989 is amended as follows.
I48I13261
In section 1(9)
(meaning of politically restricted post under a local authority) at the end insert “
, and every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.
”
I49I13362
1
Section 4 (designation and reports of head of paid service) is amended as follows.
2
In subsection (4) after paragraph (a) insert—
aa
in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—
i
which corresponds to the authority's area, or
ii
within which the area of the authority falls;
3
After subsection (5A) insert—
5B
It shall be the duty of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 to consider any report under this section by the head of the authority's paid service and to do so no later than three months after the authority is sent a copy of the report.
4
In subsection (6)(a) for “and an elected local policing body” substitute “
, an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
”
.
I50I13463
1
Section 5 (designation and reports of monitoring officer) is amended as follows.
2
In subsection (3) after the second paragraph (a) insert—
aa
in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—
i
which corresponds to the authority's area, or
ii
within which the area of the authority falls;
3
In subsection (5)(a) after sub-paragraph (i) insert—
ia
in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, no later than three months after the authority is sent a copy of the report;
4
In subsection (8)—
a
in the definition of “chief finance officer” after “Schedule 1 to the Police Reform and Social Responsibility Act 2011” insert “
, section 4D(4) of the Fire and Rescue Services Act 2004
”
, and
b
in paragraph (a) of the definition of “relevant authority” for “and an elected local policing body” substitute “
, an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
”
.
I51I13564
In section 21 (interpretation of Part 1) after subsection (1) insert—
1A
In section 7 references to a local authority include a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.
1B
In the application of section 1(1) to a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 by virtue of subsection (1A) the reference to being or remaining a member of a local authority is to be read as a reference to becoming or remaining such an authority.
I52I13665
In section 152(2) (meaning of “relevant authority” for the purposes of sections 150 and 151) after paragraph (f) insert—
fa
a fire and rescue authority created by an order under section 4A of that Act;
I53I13766
In section 155(4) (emergency financial assistance to local authorities: meaning of “local authority”) after paragraph (h) insert—
ha
a fire and rescue authority created by an order under section 4A of that Act;
I54I13867
Until the coming into force of the repeal of section 67 of the Local Government and Housing Act 1989 (application of provisions about companies in which local authorities have interests) by the Local Government and Public Involvement in Health Act 2007, subsection (3) of that section has effect as if after paragraph (h) there were inserted—
ha
a fire and rescue authority created by an order under section 4A of that Act;
Town and Country Planning Act 1990 (c. 8)
I55I13968
The Town and Country Planning Act 1990 is amended as follows.
I56I14069
In section 252 (procedures for highways orders) in the definition of “local authority” in subsection (12) after “a combined authority established under section 103 of that Act,” insert “
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,
”
.
I57I14170
In Schedule 14 (procedure for footpaths and bridleway orders) in paragraph 1(3)
(meaning of “council”) for “or a combined authority established under section 103 of that Act” substitute “
, a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
”
.
Local Government Finance Act 1992 (c. 14)
I58I14271
1
The Local Government Finance Act 1992 is amended as follows.
2
In section 39(1) (major precepting authorities) after paragraph (da) insert—
db
a fire and rescue authority created by an order under section 4A of that Act;
3
In section 65(3)
(duty of relevant authority to consult ratepayers: meaning of “relevant authority”) after “apart from a police and crime commissioner” insert “
or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.
”
.
Local Government (Overseas Assistance) Act 1993 (c. 25)
I59I14372
In section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance) in subsection (10) (other bodies) after paragraph (a) insert—
aa
a fire and rescue authority created by an order under section 4A of that Act;
Deregulation and Contracting Out Act 1994 (c. 40)
I60I14473
The Deregulation and Contracting Out Act 1994 is amended as follows.
I61I14574
In section 70(1ZB)
(functions of local authorities: application to certain fire and rescue authorities) after “applies” insert “
or a fire and rescue authority created by an order under section 4A of that Act
”
.
I62I14675
In section 79A (local authorities in England) after paragraph (n) insert—
na
a fire and rescue authority created by an order under section 4A of that Act;
Police Act 1996 (c. 16)
I63I14776
In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales), at the end insert—
4
Section 4K of the Fire and Rescue Services Act 2004 also imposes a requirement on the Secretary of State to consult the Police Advisory Board for England and Wales.
Crime and Disorder Act 1998 (c. 37)
I64I14877
The Crime and Disorder Act 1998 is amended as follows.
I65I14978
In section 5(5) (authorities responsible for strategies: interpretation) in the definition of “fire and rescue authority” after paragraph (a) insert—
aa
a fire and rescue authority created by an order under section 4A of that Act;
I66I15079
In section 17(2) (duty to consider crime and disorder implications: authorities to which duty applies) after the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies insert—
a fire and rescue authority created by an order under section 4A of that Act;
I67I15180
In section 115(2) (disclosure of information: meaning of relevant authority) after paragraph (i) insert—
ia
a fire and rescue authority created by an order under section 4A of that Act;
Freedom of Information Act 2000 (c. 36)
I68I15281
In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government) after paragraph 14 insert—
14A
A fire and rescue authority created by an order under section 4A of that Act.
Police Reform Act 2002 (c. 30)
I69I15382
In section 38 of the Police Reform Act 2002 (police powers for civilian staff) after subsection (11) insert—
11A
In the case of a police force maintained for a police area in England in accordance with section 2 of the Police Act 1996, the following are also relevant employees for the purposes of this section—
a
any member of staff transferred to the chief constable of the police force under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004 (transfer of property, rights and liabilities to chief constable to whom fire functions of a fire and rescue authority may be delegated);
b
any member of staff appointed by that chief constable under section 4I(4) of that Act (appointment of staff by chief constable to whom fire functions of a fire and rescue authority may be delegated).
Local Government Act 2003 (c. 26)
I70I15483
1
The Local Government Act 2003 is amended as follows.
2
In section 23(1) (local authorities to which the provisions about capital finance etc and accounts apply) after paragraph (m) insert—
ma
a fire and rescue authority created by an order under section 4A of that Act;
3
In section 33(1) (expenditure grant: interpretation) after paragraph (l) insert—
la
a fire and rescue authority created by an order under section 4A of that Act;
4
In section 95(7) (power to trade in function-related activities through a company: interpretation) in the definition of “relevant authority” after paragraph (ab) insert—
ac
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
5
In section 97(11) (power to modify enactments in connection with charging or trading: interpretation) in the definition of “relevant authority” after paragraph (aa) insert—
ab
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
Local Government and Public Involvement in Health Act 2007 (c. 28)
I71I15584
In section 104 of the Local Government and Public Involvement in Health Act 2007 (partner authorities) in subsection (5) (meaning of “fire and rescue authority”) after paragraph (a) insert—
aa
a fire and rescue authority created by an order under section 4A of that Act;
Equality Act 2010 (c. 15)
I72I15685
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) after the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies insert—
A fire and rescue authority created by an order under section 4A of that Act.
Police Reform and Social Responsibility Act 2011 (c. 13)
I73I15786
The Police Reform and Social Responsibility Act 2011 is amended as follows.
I74I15887
1
Section 1 (police and crime commissioners) is amended as follows.
2
In subsection (3) for “The” substitute “
Unless subsection (3B) applies, the
”
.
3
After subsection (3) insert—
3A
Subsection (3B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.
3B
In that case the name of the police and crime commissioner is “the Police, Fire and Crime Commissioner for” with the addition of the name of the police area.
I75I15988
In section 5 (police and crime commissioner to issue police and crime plan) after subsection (5) insert—
5A
Subsections (5B) to (5E) apply to a police and crime commissioner for a police area—
a
which corresponds to the area of a fire and rescue authority created by an order under section 4A, or
b
within which the area of such a fire and rescue authority falls.
5B
Subject to subsection (5E), in issuing or varying a police and crime plan, the police and crime commissioner must have regard to—
a
the current Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004, and
b
the last document prepared and published by the fire and rescue authority in accordance with that Framework which sets out the authority's priorities and objectives, for the period covered by the document, in connection with the discharge of the authority's functions.
5C
A police and crime plan which the police and crime commissioner is required to prepare may be prepared jointly by the commissioner and the fire and rescue authority.
5D
If the police and crime commissioner and the fire and rescue authority prepare a joint police and crime plan, the plan must also set out the fire and rescue authority's priorities and objectives, for the period of the plan, in connection with the discharge of the authority's functions.
5E
Subsection (5B)(b) does not apply to a joint police and crime plan.
I76I16089
In section 28 (police and crime panels outside London) after subsection (1) insert—
1A
Subsection (1B) applies if the person who is the police and crime commissioner for a police area is also the fire and rescue authority for the area which corresponds to, or an area which falls within, the police area.
1B
The police and crime panel for the police area is to be known as “the Police, Fire and Crime Panel”.
I77I16190
In section 66 (disqualification from election or holding office as police and crime commissioner: other grounds) after subsection (9) insert—
10
Subsection (11) applies to the police and crime commissioner for a police area if, by virtue of an order under section 4A of the Fire and Rescue Services Act 2004, the person who is for the time being the commissioner for that area is also the fire rescue authority for an area which corresponds to or falls within the police area.
11
A person is disqualified from being elected as, or being, that police and crime commissioner if the person is employed by—
a
a fire and rescue authority within section 1(2) or (3) of the Fire and Rescue Services Act 2004,
b
a fire and rescue authority constituted by a scheme under section 2 of that Act or a scheme to which section 4 of that Act relates, or
c
a fire and rescue authority created by an order under section 4A of that Act.
I78I16291
In Schedule 1 (police and crime commissioners) in paragraph 2 (salary etc) after sub-paragraph (3) insert—
4
Where the person who is the police and crime commissioner for a police area is also a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, a determination under this paragraph in relation to that person may, in particular, take account of the fact that the person also exercises functions as that fire and rescue authority.
I79C1I16892
1
Schedule 6 (police and crime panels) is amended as follows.
2
In paragraph 4(6)
(functions of panels) at the end insert “
or by, or by virtue of, the Fire and Rescue Services Act 2004.
”
3
In paragraph 22 (co-opted members of police and crime panels)—
a
the existing paragraph becomes sub-paragraph (1), and
b
at the end of that sub-paragraph insert—
2
Sub-paragraph (3) applies (as well as sub-paragraph (1)) in relation to a police and crime panel for a police area which, under or by virtue of the Fire and Rescue Services Act 2004, exercises functions in relation to a fire and rescue authority.
3
A person may not be a co-opted member of the panel if the person is—
a
a member of staff of the fire and rescue authority, or
b
if an order under section 4H of that Act is in force in relation to that authority, a member of staff of the chief constable of the police force for the police area who has been—
i
transferred to the chief constable under a scheme made under subsection 4I(1) of that Act, or
ii
appointed by the chief constable under section 4I(4) of that Act.
4
In paragraph 27 (exercise of special functions) after sub-paragraph (2) insert—
3
The references in sub-paragraph (2) to section 28(3) and (4) and Schedule 5 include those provisions as applied in relation to a fire and rescue authority by virtue of Schedule A2 to the Fire and Rescue Services Act 2004.
5
After paragraph 32 insert—
Duty to produce panel with fire and rescue expertise
32A
1
Sub-paragraph (2) applies in relation to a police and crime panel for a police area if—
a
a fire and rescue authority is created by an order under section 4A of the Fire and Rescue Services Act 2004, and
b
the area of the fire and rescue authority is the same as, or falls within, the police area.
2
Each person listed in sub-paragraph (3)—
a
must consider whether the person could exercise a function conferred on the person by or by virtue of this Schedule to enable the fire and rescue expertise objective to be met or to contribute to that objective being met, and
b
if the person considers that the person could exercise such a function to that end, must do so.
3
Those persons are—
a
the panel,
b
a relevant local authority, and
c
the Secretary of State.
4
The “fire and rescue expertise objective” referred to in this paragraph is the objective that members of the panel (when taken together) have the skills, knowledge and experience necessary for the panel effectively to discharge its functions in relation to the fire and rescue authority.
I80I16393
In Schedule 8 (appointment, suspension and removal of senior police officers) in paragraph 2 (no appointment until end of confirmation process)—
a
in sub-paragraph (1A) for “A person” substitute insert “
Subject to sub-paragraph (1AA), a person
”
, and
b
after sub-paragraph (1A) insert—
1AA
Where, under an order under section 4H of the Fire and Rescue Services Act 2004, functions of a fire and rescue authority are delegated to the chief constable of the police force for a police area, a person is eligible for appointment as that chief constable if the person—
a
has experience at a senior level in the provision of services provided under the Fire and Rescue Services Act 2004, and
b
has undertaken training in relation to policing matters of a kind that is specified by the College of Policing for the purposes of this paragraph.
Localism Act 2011 (c. 20)
I81I16494
1
The Localism Act 2011 is amended as follows.
2
In section 41(3)
(power of fire and rescue authority to appoint officers and employees to be subject to pay policy statement) after “43(1)(i)” insert “
or (j)
”
.
3
In section 43(1) (meaning of “relevant authority” for purposes of provisions on pay accountability)—
a
omit the “or” at the end of paragraph (h), and
b
at the end of paragraph (i) insert
, or
j
in relation only to sections 38, 40 and 41 and this section, a fire and rescue authority created by an order under section 4A of that Act.
Public Service Pensions Act 2013 (c. 25)
I82I16595
In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service: definitions) in paragraph 6 (fire and rescue workers) for the “or” at end of paragraph (a) substitute—
aa
the chief constable of the police force for a police area having been—
i
transferred to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, or
ii
appointed by the chief constable under section 4I(4) of that Act, or
Energy Act 2013 (c. 32)
I83I16696
In Part 3 of Schedule 9 to the Energy Act 2013 (protected information: permitted disclosures and restrictions on use) in paragraph 14(3) (local authorities and water authorities: interpretation) in the definition of “local authority” after paragraph (d) insert—
da
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
Local Audit and Accountability Act 2014 (c. 2)
I84I16797
1
The Local Audit and Accountability Act 2014 is amended as follows.
2
In Schedule 2 (relevant authorities) after paragraph 22 insert—
22A
A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.
3
In Schedule 7 (reports and recommendations by local auditor) in paragraph 5(7)
(duty of certain authorities to consider report or recommendation) for “or the Mayor's Office for Policing and Crime” substitute “
, the Mayor's Office for Policing and Crime or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
”
.